must show that the “statutory remedy in existence is not the same as those provided for work-related discrimination within the same employment class.” Id. (emphasis added). 14. A Burk tort is thus sustainable only when the available remedies under federal or state law are either not “commensurate” with or not the “same” as the remedies provided for like or similar discrimination. See Kruchowski 202 P.3d at 153; Shirazi, 204 P.3d at 78. 15. A plaintiffs Burk tort claim will succeed or fail for the same reason as the related federal claim. See Melton v. Farmers Ins. Group, 619 F.Supp.2d 1131, 1142 (W.D.Okla.2008) (plaintiffs Burk tort claim fails for the same reason plaintiffs federal claim fails); Tatum v. Philip Morris Inc., No. 93-6018, 1993 WL 520983, at *3 (10th Cir. Dec. 14, 1993) (<HOLDING>). 16. The elements of a Burk tort claim were
holding that the same standard applies to claims of discrimination based upon gender and age holding that a plaintiff could not assert a  1981 claim based on gender discrimination holding race and gender discrimination claim barred recognizing that plaintiffs genderbased burk tort parallels a federal gender discrimination claim recognizing federal constitutional right to be free from gender discrimination that is not substantially related to the achievement of important governmental objectives