By my understanding of the term, he is. Actually, we all are. "Protected class" refers to a characteristic that you can't discriminate based upon, not to a particular expression of that characteristic. So age being a protected class means you can't discriminate based on age, but it doesn't mean you can discriminate against a 40-year old but not a 65-year-old. Religion being a protected class doesn't mean you can discriminate against a Catholic but not a Presbyterian. That's why the idiots who love to go "there should be a law protecting white, straight, Christian men, hurr hurr hurr" are all wet. There already is, on four different counts.