Ex-reporter’s discrimination claims mostly can proceed

A federal judge has thrown out former KSHB-TV 41 reporter Demetrice “Dee” Jackson‘s claim that he was discriminated against by being denied a promotion, but the judge allowed Jackson’s other discrimination and retaliation claims to proceed to trial.

In a Dec. 5 order, Judge Ortrie D. Smith granted partial summary judgment to the TV station’s parent company, Scripps Media Inc.

Jackson worked at the station as a sports journalist and anchor from 2013 to 2019. He sued Scripps in 2018, alleging his former employer denied him promotions based on his race and retaliated against him for filing a charge of discrimination under the Missouri Human Rights Act. Jackson is African American.

Smith said Scripps made two arguments related to Jackson’s discrimination claims in its motion for summary judgment. The company argued that Jackson can’t seek recovery for acts occurring outside of the statute of limitations and also that he can’t prevail on his timely filed claims.

In its first point, Scripps argued that Jackson’s MHRA claims related to a denial of a promotion in 2015 should be dismissed because they are untimely.

When Jackson responded to Scripps’ motion, he failed to address that argument — effectively waiving any argument in opposition, the judge said in granting summary judgment for Scripps.

Smith added that even if he were to consider the merits of Scripps’ argument, the decision would be the same. Smith said administrative charges must be filed with the Missouri Commission on Human Rights within 180 days of an alleged violation.

“Plaintiff filed his charge of discrimination on July 13, 2017; thus, all events occurring on or after January 14, 2017, assuming they were included in his charge of discrimination, were timely,” he said. “Plaintiff cannot extend his claims under the MHRA to events that occurred before the limitations period.”

Smith denied Scripps’ motion for summary judgment on Jackson’s timely claims, ruling that there are disputed issues of material fact that must be resolved by a jury. He also denied Scripps’ motion for summary judgment on Jackson’s claim of retaliation.

In the same order, Smith also approved Jackson’s motion to amend his lawsuit to incorporate new retaliation and discrimination claims tied to Scripps’ decision to not renew Jackson’s employment contract in September 2019.

Jackson is not the only reporter from the station in recent years to bring race-discrimination and retaliation claims against Scripps.

In early 2019, a jury returned a verdict for Jackson’s former colleague Lisa Benson Cooper on two of her retaliation claims against the company.

Benson Cooper first sued the station and Scripps in 2016, alleging the station discriminated against her by failing to promote her to two positions.

She later alleged the company retaliated against her by suspending her and then declining to renew her contract in 2018. Her total recovery — including damages, front pay, attorneys’ fees and costs — topped $1 million.

An expert who was allowed to testify in a limited fashion during Benson Cooper’s trial, however, will not be permitted to testify on behalf of Jackson.

In another portion of his order, Smith granted Scripps’ motion to exclude the testimony of Monica Biernat, a psychology professor and social psychologist. Jackson sought to call her as a witness to address implicit bias. Smith, however, said her opinions on implicit bias are not relevant to Jackson’s retaliation claims, which are not related to race.

Dennis Egan of The Popham Law Firm, who also represented Benson Cooper, is representing Jackson. He said Jackson’s 2015 denial-of-promotion claim still is live in the form of a federal claim under Section 1981 of the Civil Rights Act.

He also said it’s “very significant” that Smith allowed Jackson to supplement his complaint with his recent nonrenewal.

“It’s kind of parallel to what happened to Lisa Benson [Cooper],” he said.

Scripps was represented by M. Scott McIntyre of BakerHostetler in Cincinnati, Ohio. He declined to comment.

Jackson’s case is set for trial June 22.

The case is Jackson v. Scripps Media Inc., 4:18-cv-00440.