And sure, the existence of those laws might be arbitrary. But the laws themselves are specific.
And sure, the existence of those laws might be arbitrary. But the laws themselves are specific.
You say that they "were passed in response to actual and widespread discriminatory behavior". That's true. But they wouldn't have been passed, notwithstanding discrimination, without enough political support (of one sort or another).
I mean, there's also been discrimination in health insurance rates based on preexisting conditions. And gender-based discrimination in vehicle insurance rates. The Affordable Care Act more-or-less restricted the first. But the second is still the norm in the US.
There is plenty of ways to lawfully discriminate in this country. You can even still have discriminatory policies in employment if you can show it directly relates to the job.
Also, when it's about stuff like housing and services, there's not much basis for discrimination. Except for providing access to those with disabilities. And that seems fair.
When it's about employment, even if there are data that might justify discrimination, it's all about statistical distributions for populations. So there's too much uncertainty when you apply it to individuals. And there's also the fact that untangling innate/genetic and developmental/sociological factors is impossible.
For health and life insurance, basing rates on age and preexisting conditions clearly makes economic sense. Older people will likely cost more than younger people. And people diagnosed with cancer etc will likely cost more than people generlly. But for health insurance, there are social justice arguments that discrimination is unfair.
For vehicle insurance, it's undeniable that young men have more accidents than young women, and middle-aged people generally. And that old people people also have more accidents. At least two factors distinguish that from health insurance. First, there's the sense that people can choose to drive more carefully, and have fewer accidents. Also, there's the argument that driving isn't as essential as medical care.