Barbie Bassett struck out again after the Fifth Circuit Court of Appeals upheld the dismissal of her discrimination lawsuit against WLBT Friday.
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| Credit: Vicksburg Daily News |
WLBT fired its long-time star in 2023 after she said "grand mammy" and "fo shizzle my nizzle" on the air within six months. The comments generated a storm of complaints from viewers and of course, the local outrage machine (A synopsis of what took place is posted below.).
Ms. Bassett sued Gray Media, owner of WLBT, in December 2023, alleging racial discrimination and an enforcement of an illegal non-compete clause. She claimed WLBT would not have fired a black employee who made the same statements on the air.
U.S. District Judge Dan Jordan, III dismissed the lawsuit a year ago. Unwilling to go home in defeat, Ms. Bassett appealed to the Fifth Circuit. Circuit Judges Edith Clement (Bush), Dana Douglas (Biden), and Irma Ramirez (Biden) heard the case.
The Court backed up Judge Jordan in ruling the plaintiff failed to show evidence of discrimination:
An employer’s burden to proffer a legitimate and non-discriminatory reason for an adverse employment action is “a burden of production, not persuasion.”... Firing an employee for making racially inappropriate comments is a sufficient non-discriminatory reason.... Moreover, “evidence that the employer’s investigation merely came to an incorrect conclusion does not establish a racial motivation behind an adverse employment decision. Management does not have to make proper decisions, only non-discriminatory ones.” ...
Here, WLBT asserts it fired Bassett for her use of racially offensive language on air twice—the second instance occurring just six months after she received a written warning for the first. ... Nevertheless, Bassett argues that WLBT has failed to meet its burden because it wrongly concluded that the language she used was, in fact, offensive. But even if WLBT “came to an incorrect conclusion” regarding the offensiveness of Bassett’s on-air comments, this “does not establish a racial motivation behind [WLBT’s] adverse employment decision.”... Consequently, WLBT has satisfied its burden to articulate a legitimate, non-discriminatory reason for terminating Bassett’s employment.
Ms. Bassett cited comments by WLBT general manager Ted Fortenberry as an issue of material fact deserving of trial:
Bassett also argues that, even if WLBT adequately stated a legitimate, non-discriminatory reason for terminating her, there are genuine issues of material fact as to whether race was a motivating factor in her termination. She primarily relies on: (1) Fortenberry’s testimony that there are “some things that [B]lack people can say that [W]hite people can’t say”; (2) her historically positive employment record; and (3) her contention that “WLBT accepted [B]lack persons’ opinions of the meaning of [the Phrase] over [W]hite persons’ opinions.”
However, the Court thought otherwise:
Fortenberry’s deposition testimony is not sufficient to create a genuine factual dispute. ... Fortenberry said it was “certainly not something you want to say on the air whether you’re [B]lack or [W]hite.” He also made clear that “on [WLBT,] there are things [employees] can’t say regardless of their race.”
Barbie Bassett can either call it quits or appeal to the Fifth Circuit Court of Appeals en ban. What will she do?
Stay tuned.
The Court's opinion is posted below.
Ms. Bassett began her tenure at WLBT in 1999, where she quickly zoomed to popularity as the most popular "weatherman" in Mississippi. After many years of appearing as the "weather gal", she moved over to the anchor desk at WLBT.
The weekend of October 28, 2022 was ground-breaking for Jackson as ESPN's College Gameday arrived to cover the Jackson State University-Southern University game at Memorial Stadium. No small affair this was. The little episode posted below occurred during a WLBT live-shot from the stadium as Barbie & company tried to figure out who the ESPN celebrity guest picker would be.
The reporter appeared to be surprised and her colleague at the desk challenged her. Of course, local race-baiters and Facebook "journalists" saw their chance and fired up the masses. Hot diggity DAMN! We got us a racist! Gray Media disciplined its employee for using the word "grandmammy" on the air as she asked a black reporter at the stadium about the secret guest picker.
Mrs. Bassett's complaint states she did not "believe the word "grandmammy" had a racial connotation" but apologized. Indeed, she stated in her response to the motion for summary judgment that "grandmammy" was what she always called her own grandmother. Friends of the accused said they heard her refer to her own grandmother with that word in the past as she grew up in rural Quitman County. Oh, the guest picker was Dallas Cowboys fanatic Stephen A. Smith.
Fast forward to March 8, 2023. The plaintiff states:
On March 8, 2023, Plaintiff was talking with a male news person (on air) about a popular personality, Snoop Dogg, and made the statement “fo shizzle, my nizzle.” Defendant claimed that this comment was inappropriate.
All hell broke loose. The media darling was no longer considered such at WLBT as she was relieved her at WLBT as she was relieved her duties and subsequently terminated. The firing generated no small amount of controversy as the "activists" demanded her head on a platter while black media personalities such as Charlemagne and Whoopi Goldberg said enough was enough as they defended her.
Ms. Basset claimed age and race discrimination took place as she was replaced by a black woman in her early 30's. The 51 year-old plaintiff argued:
Plaintiff believes the television market in which she worked is primarilyAfrican-American. It is likely that Defendant regards being African-American and being young as desirable job requirements, and it is likely Defendant
regards being older (fifty-one (51)) and white as job detriments.
Ms. Bassett sued for actual, compensatory, and punitive damages in U.S. District Court in December 2023 and asked the Court to dissolve the non-compete agreement.
48 comments:
People still watch the local news on tv? I just read the news stories on WLBT's website.
Time to move on.
Barbie is such a doll.
Lol@ the eternal boomer
I did not know these terms are racially offensive. There should be a booklet showing what can be said
Keep going if you can Barbie.
Ha! I see what you did there. Barbie Doll.
How are we supposed to know this made up language? I speak English.
Big freakin’ deal!!!! Don’t we have more important things going on in Jackson????
Sticks and stones may break my bones but words will get you fired.
Lots of hurtie feelings around here
We can say it and call each other any name we want, but you can’t. That is the basic belief today on this so called racism. For shizzle my nizzle.
Barbie is melanin deficient so that’s a non winner against the fragile, sensitive, and perpetual offended types.
Wouldn't work as some people can say a word but other people cannot say the same word.
Clearly Feds will only side on "discrimination" only if plaintiff is of a certain persuasion.
Did she have a written employment contract or was she just another "at will" employee who can be fired for any reason, no reason, or good reason?
Is there a hostile work environment at WLBT/Gray Media? Maybe eager to replace the older whites with younger blacks because of WLBT’s position during segregation. Feeling that White guilt perhaps.
Was Cheryl Lasseter, Barbie’s co-anchor forced out because these older white ladies didn’t fit the DEI look that Gray Media wanted? Cheryl claims she needed a break but I believe it was more than that.
I bet the few remaining white folks at WLBT walk a thin line everyday.
The amount of people in the comment section on these stories opining, while knowing nothing about Title VII litigation, was staggering. Just because you di not like that someone was fired does not create a Title VII violation.
Where are all of the people who promised me that her attorney would never take a case that was not a slam dunk? Staggering ignorance.
This was such an injustice.
Barbies gaffes and dismissal played right into WLBTs agenda to reflect and represent the populous of Jackson. I think WAPT is headed in the same direction. I quit watching all the local news a while back and went to online to sites like the Jambalaya.
Rules for white folks are definitely more restrictive. The words she said are not racial, unless someone just made up another rule. Rules for me, but not for Thee.
There would have to be two booklets; one for the race-baiters and one for the rest of us.
I am waiting for the day the offended lightweights get offended for rap songs repeating the n double g a word
I’ll die of old age first
The only local news I watch is WAPT, and only if there's dangerous weather.
Regarding race relations,”We have come so far, yet, we have so far to go.” Quote from my father.
I'm just thankful I don't have to come up with something creative and edgy on live tv in a language that only resembles the one I grew up using.
What does Snoop Dog have to say?
WLBT, WAPT, WJTV you can turn off the news for 5 years and it going to be the same topic racism, Pookie shooting Rayray in a drug deal gone bad with Pookie's mama saying "My baby didn't do nothing" and hiring the new JPD Chief of police.
Well, shit. Now I cannot get "Barbie Girl" by Aqua(?) out of my head until I listen to the whole damned thing. Thanks. KF, you ought to add it to the post so I don't suffer alone.
" Regarding race relations,We have come so far, yet, we have so far to go".
That was true until the Obama presidency.
His administration purposely ripped open old scabs that would
guarantee division, hatred and to (in their party's logic) create more elected leftists at all levels of government.
Details can be found in chapter one of the Communist party
handbook.
Democrat judge for sure ! She was absolutely discriminated against ! The people they have hired can’t even pronounce the counties or cites ! And they can’t read the teleprompter! It’s awful they must have just walked in off the street
Exactly
Any anchor on a newscast should be fired for using such stupid and unprofessional language.
All the local stations hire a bunch of 20 something kids that can’t get out a sentence.
I had a friend in from out of town and the local news was on and she said this looks like something produced in a low rent basement.
They just need to quit with it. Nobody has time for anything they have to “report”.
Only in Mississippi. Discrimination runs rampant. It is a way of life in Mississippi. Only thing I can pin it on is this is fallout from past sins of slavery. I go to the store and blacks are favored over my white skin. Working in Mississippi favors white males and their intelligence lacks because they don’t have to use it to get ahead. It really is a much nicer, more intelligent base of people outside this state. Once you are around more educated people, you don’t see the discrimination. They are competitive and don’t care about race or sex. They just want to win. The good ole boys have dummyed down life in this state. When I have to mingle, I watch for and avoid the idiots at all costs. Poor Barbie is a rooted Mississippian. She would do so much better if she left this state.
The fact the station manager admitted that Blacks can say things Whites cannot should cinch the case. There is clearly a set of rules for Blacks and one for Whites, what else do you need to see the races are treated differently?
You and your friend are right. We have the same reaction, whenever we fly in. The ones in front of the camera, can't talk. Behind the scenes, nobody seems to know how to label the programming. Some car show at 11pm, is labeled 'Morning News'. And when you finally DO find the news, you have no idea when it started (always, it's after some ballgame), and whether the weather report has already happened.
Since ballgames preempt programming so frequently, shouldn't news shows have running clocks on their screens, showing how far they are, into the news/weather show - you know - so we'll know whether it's just started, or if it's nearly over?
And aren't there supposed to be managers and editors, who should be able to spot errors in what's written?
One New Year's Eve I was watching Walter Saddler report on celebrations slated for London's "Traffler" Square. This guy was an award winning "journalist." I prefer to call them "TV personalities."
Whether or not she knew what the words meant, she obviously assumed she had been there as a fixture long enough to do as she damned well pleased.
Even if those words/phrases meant nothing, the setting is a professional news/weather setting and she always thought it was her personal romper room and she was a movie star.
Trying to imagine Woody Asaf or any other seasoned weatherperson launching off into "Fo shizzle my nizzle" under any circumstances, then giggling. She was not hosting a Tupperware party at the house.
The boss told her to shut her racist little mouth. She decided to FA and she got her helping of FO. Case closed. Byeeeee
I have not watched WLBT since and will never again. The Lamar Broadcasting Company HUH.
""Fo shizzle my nizzle" is a classic early-2000s hip-hop slang term popularized by Snoop Dogg. It basically means "for sure, my friend". The "izzle" suffix was a famous rap language trend, meaning "sure" (fo' shizzle) and replacing a more offensive word for "friend" (my nizzle)."
What's race offensive for that?
I do miss Barbie a lot. I do despise all the carwash eyelashes, clown makeup, weaves, middle parted wigs and working at the nightclub/strip bar attire instead of being respectable news anchors.
9:08
You may be correct, but we all know(including you and Macy), that a black anchor would not even receive a reprimand, much less be fired for such language.
"Babbling Barbie" had her 15 minutes 45 years ago. Goodbye and good riddance!!!!!
Mississippi is an at-will employment state, so when an employer decides to fire someone, they can do that unless there's some kind of exception involving violations of anti-discrimination laws. Bassett needs to show WLBT did something discriminatory to her to have any kind of case, and there's no evidence of that. WLBT management simply decided she wasn't worth the trouble anymore.
Barbie was over 50 when she was fired. Doesn't that make her a protected class for age discrimination?
1:30, Some are nudged out while others are forced out. Forrest Cox, Woody Assaf, Bert Case, Barbie and Walt Grayson, maybe others we don’t know about, Marsha possibly, were “Retired” before they wanted to leave. One thing is guaranteed, Maggie Wade and Ballou are permanent fixtures regardless of how sick we are of looking at them.
And apparently the standards are lowered for black women because Patrice Clark is still there, lol!!
The girl who took Barbie’s job has zero personality and the 2 young white girls(meteorologists on the noon report)need wardrobe advice badly and something done with their awful hair.
Age discrimination with Barbie definitely.
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