“the prima facie case is not an inflexible doctrine. In certain cases involving discrimination falling outside the more traditional categories of hiring and firing, it may be modified.”). The court finds that plaintiff has met this burden. Plaintiff has made the first showing of his prima facie case by establishing that he is a member of a protected class by way of race and national origin. He was born in Iran, is of Assyrian descent, has dark skin, and speaks with a slight foreign accent. Defendants’ contention that “plaintiff cannot show that he was considered a protected class member” is completely without merit. See Amro, 232 F.3d at 798 (finding-persons of Lebanese ancestry are members of protected class); Daemi v. Church’s Fried Chicken, Inc., 931 F.2d 1379, 1387 (10th Cir.1991) (<HOLDING>); Mohammed v. Callaway, 698 F.2d 395, 398 (10th
holding that no class member may opt out of a rule 23b1 class action recognizing that plaintiff who is not actually disabled may still be a member of third protected class holding that plaintiff who was iranian is a member of a protected class holding that a class plaintiff who seeks to assert statutory rights to protect a class of which he is a member is not asserting rights antagonistic to any members of that class recognizing cause of action by class member against class counsel for negligence in providing notice