Gannett beats claims of bias against white workers, for now

USA TODAY Co

21/08/2024 20:14

By Daniel Wiessner
       Aug 20 (Reuters) - A federal judge in Virginia has
tossed out a proposed class action accusing newspaper publisher
Gannett of adopting diversity policies that had led to
widespread discrimination against white employees.
    U.S. District Judge Rossie Alston in Alexandria, Virginia,
on Tuesday said the 2023 lawsuit was "vague and conclusory" and
that the five named plaintiffs had failed to identify a
company-wide policy that impacted them due to their race. But
the judge gave the plaintiffs 30 days to amend their lawsuit and
flesh out their claims. 
    Alston, an appointee of Republican former President Donald
Trump, also said the lawsuit was not grounded in a common legal
theory that could form the basis of a nationwide class action,
since each named plaintiff claims they were affected by
Gannett's policies in different ways. 
    "The Plaintiffs would all be seeking relief based on
different theories of recovery, based on different positions at
different newspapers in different areas of the country with
different decision-makers," he wrote. 
    Lawyers for the plaintiffs did not immediately respond to
requests for comment. 
    Polly Grunfeld Sack, Gannett's chief legal officer, said the
company was pleased with the ruling. 
    "Gannett always seeks to recruit and retain the most
qualified individuals for all roles within the company. We will
always vigorously defend our practice of ensuring equal
opportunities for all our valued employees," Sack said in a
statement. 
    The named plaintiffs say they were fired, pushed to quit, or
passed over for promotions to make room for women or minorities,
or paid less than non-white colleagues. And they claim those
decisions were driven by a policy Gannett announced in 2020
saying the company aimed to have its newsrooms reflect the
demographics of the communities they cover by 2025.
    Gannett has maintained that the alleged "policy" was merely
a report stating aspirational goals, and denied engaging in race
discrimination in order to meet them. Alston on Tuesday largely
agreed, saying the report did not include specific quotas or
provide concrete plans to achieve diversity targets. 
    The lawsuit was filed amid growing backlash to corporate
diversity policies that have become increasingly prevalent in
recent years. But unlike other pending cases alleging bias
against white workers, the case against Gannett was not brought
by shareholders or conservative legal groups. 
    Alston in his decision said each plaintiff failed to state a
discrimination claim. One plaintiff who said she was fired
because she is white failed to show that she was performing well
in her job; another who sought a promotion that went to a Black
woman did not allege that he was more qualified for the
position, Alston said. 
    The case is Bradley v. Gannett Co Inc, U.S. District Court
for the Eastern District of Virginia, No. 1:23-cv-1100.
    For Gannett: Laurin Mills of Werther & Mills; Robert
Weissflach of Harter Secrest & Emery
    For the plaintiffs: Bernard DiMuro of DiMuroGinsberg; Nelson
Thomas and Adam Sanderson of Thomas & Solomon
    
    Read more:
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meet diversity goals
    Gannett moves to toss white workers' challenge to diversity
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efforts
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