The cop out for "protected classes" is one of the serious failures of the New Left in the US and past generation progressive attempts to wrangle with social issues. It's one of the reasons you have things like clamoring for representation in small dwindling influential places (the meme is "more trans women drone pilots") whilst ignoring systemic issues like how Flint, Michigan still doesn't have drinking water.

I've made this argument before and made Americans (obviously) mad, but this cop out of protected classes allows you to actually discriminate against said classes, you just have to prove there is no malice in your heart, more or less. That is, you did not because they are black or not men, but because of the sanctioned reasons, then it's okay.