Jackson Jambalaya

 Barbie Bassett struck out again after the Fifth Circuit Court of Appeals upheld the dismissal of her discrimination lawsuit against WLBT Friday.  

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.