Okay, let's follow that logic...non-protected "classes"...how about if I refuse to hire anyone who DOESN'T smoke? You think that stands a snowball's chance in hell of standing up in court????
Yes, that will stand up in court. Show me the legislation or the common law that prevents me from making that decision, and I'll admit I'm wrong. I can choose to hire ONLY redheads. That's my perrogative and my right. I can choose to hire people who admit to smoking pot within the last 10 years, and reject applicants who have never smoked pot. That's my right and my perrogative. I can choose to hire people who speak in a falsetto voice, and I can reject people who speak in a baritone voice. That's my right and my perrogative. You might not like it, but that's the way it is. If you don't like it, start your own company and make your own rules.