A former Fox 29 anchor who was fired after using a racial epithet will not have to wait for his former employer’s interlocutory appeal before his employment discrimination suit can go to trial, a federal judge has ruled.
Despite a lack of guidance on whether the plaintiff, Thomas Burlington, can assert a theory of “cat’s paw” liability involving his former co-anchor, U.S. District Judge R. Barclay Surrick of the Eastern District of Pennsylvania ruled Monday that Burlington’s case did not sufficiently hinge on the questionable theory to justify delaying trial. The defendants had sought to immediately appeal the denial of summary judgment in the case.
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