WBZ, CBS and others who have been sued by ex-TV anchor Kate Merrill try to toss a majority of her claims from the “reverse discrimination” lawsuit.
The previous WBZ anchor is suing the Boston TV station for racial and gender discrimination.
Merrill left the media outlet underneath a cloud of thriller final yr. Then earlier this yr, she sued WBZ, CBS, Paramount and others in federal courtroom — claiming that she was illegally pushed out from the station after greater than 20 years as WBZ superior “a DEI agenda.”
Now, WBZ and the opposite defendants are pushing again, in line with federal courtroom filings. The defendants have filed a movement to dismiss for a lot of of her claims.
“For the reasons set forth below, the majority of Merrill’s claims – Counts I, IV, V, and VI – should be dismissed as she has not pled sufficient facts to support them,” the attorneys for WBZ and the opposite defendants wrote within the courtroom submitting.
Merrill is suing each company and particular person defendants, claiming they discriminated in opposition to her on account of her race and gender.
“The predicate of Merrill’s ‘reverse discrimination’ case is her allegation that the corporate defendants… demoted her and effectively forced her to resign because, in WBZ’s efforts to diversify its on-air staff, it discriminated against White people, including her,” the defendants wrote.
“While the Complaint repeatedly characterizes Merrill as someone who is ‘anti-racist’ – pointing to what she describes as warm personal and professional relationships with some Black people – her allegations rest on the demeaning and unfounded stereotype that the Corporate Defendants decided to hire and advance people of color only in furtherance of a ‘DEI agenda,’ ” the defendants added. “In other words, only because of these new hires’ race, not because they were actually qualified to be hired or to advance in their careers.”
Merrill, who’s in search of $4 million in damages, joined WBZ as a reporter in 2004. WBZ promoted her from reporter to anchor, and in 2016, she turned the lead 11 p.m. reporter and weekend anchor. In 2017, WBZ named Merrill co-anchor for WBZ This Morning and WBZ Information at Midday.
Then final yr, Merrill realized that she was being investigated for allegedly treating colleagues in another way due to their race.
A type of colleagues was Jason Mikell, a Black meteorologist from Mississippi. When he was employed, he reportedly requested Merrill to assist him with the pronunciation of native cities and cities.
Then final April, she texted him throughout a industrial break to right his on-air pronunciation of Harmony.
“… Defendant Mikell immediately confronted Ms. Merrill, loudly yelling at her on the studio floor and asserting that she was being critical of him,” her go well with reads. “His tone was aggressive and unprofessional. Ms. Merrill immediately lodged a complaint with WBZ’s Human Resources department.”
The station didn’t examine her grievance in opposition to Mikell, she claims. As a substitute, she mentioned an investigation was launched into allegations that she handled colleagues in another way due to their race.
The station concluded that Merrill’s conduct was grounded in microaggressions or unconscious bias, and it led to a “very unwelcoming work environment.” She obtained a written warning, and he or she was required to finish unconscious bias coaching.
Merrill was then demoted from co-anchor of the Weekday Morning Present to working weekend nights. She ended up resigning quickly after.
Within the movement to dismiss submitting from WBZ and the opposite defendants, the legal professionals write that one of many claims ought to be tossed as a result of Merrill doesn’t “plausibly allege” she was handled in another way due to her gender.
“It instead focuses entirely on race, alleging the Corporate Defendants made employment decisions based on unlawful racial preferences that pervaded the company, at WBZ and elsewhere within Paramount,” the attorneys wrote.
“Indeed, several allegations even describe the Corporate Defendants as advancing women over men, highlighting the alleged replacement of White male anchors with a Black female anchor and reporter or the lack of discipline given to a Black female executive for improper racial preferences,” they added.
The legal professionals are additionally making an attempt to toss her defamation declare. Merrill alleges {that a} WBZ exec “unnecessarily” publicly introduced her schedule change in two separate workers conferences to all WBZ personnel.
She alleges that by making this announcement on the conclusion of the investigation, the exec despatched the false message to her colleagues that she had engaged in severe wrongdoing.
“This is far from sufficient to support a defamation claim,” the attorneys wrote. “To establish a defamation claim under Massachusetts law, Merrill must prove, among other things, a false and defamatory communication… A true statement cannot support a defamation claim.”
Additionally, the legal professionals argued that one other declare ought to be tossed as a result of Merrill has “not pled actual malice.”
“Merrill presents no facts to show that (their) conduct was driven by actual malice – namely, a spiteful, malignant purpose, unrelated to a legitimate corporate interest,” the attorneys wrote.
Merrill has till Dec. 22 to answer the movement to dismiss.
