Because some things are a choice, and some things are not. Some things can be turned off and some things cannot. This heuristic doesn't accurately predict whic

Because some things are a choice, and some things are not. Some things can be turned off and some things cannot. This heuristic doesn't accurately predict which attributes are protected (legislatively or otherwise) and which are not. There's a pretty much open-ended set of predetermined attributes that can be discriminated on. Start with height and physical attractiveness: these factors are more-or-less immutable, but are well known as drivers of discrimination.