A little over a week ago, we broke the news that Park Avenue Café (currently Park Avenue Winter) is being sued by employees who claim they were forced to participate in illegal tip-pooling and discriminated against because they were South Asian. The Sun now reports that a court has allowed former employee Mohammed Rahman to bring a suit on behalf of nonwhite employees at Park Avenue Café, but stopped short of allowing a class-action suit against parent chain Smith & Wollensky. One of the reasons Rahman claims he was given a hard time, and eventually fired, is that he didn’t drink alcohol and so couldn’t taste wine — which has to be the first time someone has been canned for not drinking on the job.

Related: Park Avenue Winter Experiences Legal Discontent