This is the real question our society should be struggling with. How pedantic and prejudiced should we get about what people have to pay for their freedoms? If it's legal, should people be financially discriminated against? Is a statistical basis really reasonable to use as the basis for individual discrimination? It seems the courts have decided it is not when it comes to things like predictive policing (at leaning that way). But it seems in civil issues, if you can show a correlation, you can legally say "fuck you". Of course that only works if is not a protected class, which perhaps increases the illustration of the irony.