A volunteer local board member of WBAI, a Pacifica Foundation educational radio station in New York City, is not an “employer” of the station’s program director and has been granted a motion to dismiss discrimination charges against him. The Foundation itself was also dismissed on the ground that the manager had not made out a prima facie case of discrimination or retaliation. Bernard White, an African-American, claimed that Stephen Brown, a Caucasian, had sent a series of emails between 2004 and 2006 that were racially oriented and set the stage for his later termination. White was terminated in 2009 after a decline in donor revenue and listenership statistics. As to Brown, the federal...