In a case of first impression, a Caucasian reporter for the local Fox29 News successfully stated a claim of race discrimination after he was terminated for having used what is commonly referred to as “the n-word.” The U.S. District Court for the Eastern District of Pennsylvania found that the case turned on “an issue that does not appear to have been decided by the federal courts: Can an employer be held liable under Title VII for enforcing or condoning the social norm that it is acceptable for African-Americans to say ‘n—–’ but not whites?” In a Dec. 23 opinion in Burlington v. News Corp. , Judge R. Barclay Surrick answered this question in the affirmative.

Tom Burlington is a white male who began working for Fox29 News in December 2004. He was promoted to weekend anchor/reporter on Feb. 20, 2006, where he co-anchored with Joyce Evans, an African-American female.