A federal jury will be asked to decide whether it is acceptable for an African American person, but not a white person, to use the “n” word in a workplace.

U.S. District Judge R. Barclay Surrick has ruled that former Fox29 reporter-anchor Tom Burlington's lawsuit against the station, claiming a double standard and alleging that he was the victim of racial discrimination, may go to trial. However, Surrick denied Burlington's claim of a hostile work environment.

Burlington, who is white, was fired after using the “n” word during a June 2007 staff meeting at which reporters and producers were discussing reporter Robin Taylor's story about the symbolic burial of the word by the Philadelphia Youth Council of the NAACP.