Despite being an allegedly “central character” in a racial and disability discrimination suit, a CSX supervisor has been let out of the case—at least for now—because he was not the plaintiff's employer. But in dismissing the case without prejudice, a federal judge has laid out a road map for employees bringing discrimination claims against non-employer supervisors.

U.S. District Judge Mark Kearney of the Eastern District of Pennsylvania granted defendant Jonathan Lowe's motion to dismiss but also granted leave for plaintiff John Fleet to amend his complaint to allege that Lowe was directly involved in his purported discriminatory firing.

Fleet, who is black, claimed he was fired from his job as a railworker because of his race and his diabetes, a condition that caused him to take frequent meal breaks to keep his blood sugar in check. He also required frequent trips to the bathroom.