The sheriff’s deputy who arrested actor Mel Gibson and was the subject of his anti-Semitic rant should be able to take his workplace discrimination case before a jury, a Los Angeles judge ruled. 

James Mee, who is Jewish, says he was subject to religions discrimination and a hostile work environment after arresting Gibson in 2006. He wants to take his case before a judge and jury.

Mee claims that his supervisors ordered him to remove Gibson’s anti-Semitic remarks from the official incident report, placing them instead in a confidential supplemental report. He claims he was passed over for promotions in the department because he complained about purging the report.

Mee was accused of leaking his original report to the media, but he was investigated and found to be not culpable.

The trial will begin next month. Gibson could potentially be called as a witness.