In what sense am I saying they need to be protected by law in order to be treated with some sense of decency? The golden rule has been around in some form or another for thousands of years. It's not a new concept.
I have no issues with a statistical generalization of performance. As a psychology major, generalizations are made all of the time based on a patient's behavior. I agree with it when it serves to treat and correct the problem.
Let me use your classroom example to clarify my position and what I take issue against. Let's presume that, statistically, a class of students have scored below average on their final exam. As a result, all students are labeled stupid by the administration and their peers. Wherever these students go, they are all treated as imbeciles. Is that reasonable and fair? What about the students who passed the class or did extremely well? Do they deserve similar treatment?
As I was saying, the way you choose to treat others says more about you than it does them. Thank you for providing the evidence of that claim.