Background
Barbie Bassett, a White news anchor, was terminated by Gray Media Group, Inc. d/b/a WLBT-TV after using two phrases on air that the station deemed racially offensive. The first incident involved Bassett referring to a Black reporter’s grandmother as a racial slur. The second incident occurred six months later when she used a phrase attributed to rapper Snoop Dogg that Black co-workers identified as a racial slur. Following viewer and employee complaints, the station terminated Bassett. Bassett sued under Title VII of the Civil Rights Act of nineteen sixty-four, alleging racial discrimination. The district court granted summary judgment for the station, and Bassett appealed.
The court’s reasoning
The court reviewed the district court’s ruling de novo and applied the McDonnell Douglas burden-shifting framework. The court rejected Bassett’s argument that the framework should not apply because the case relied on circumstantial evidence or that Bostock altered the standard. The court found that WLBT satisfied its burden by articulating a legitimate, non-discriminatory reason for the termination: Bassett’s use of racially offensive language on air. The court further held that Bassett failed to create a genuine issue of material fact regarding whether race was a motivating factor. The court noted that the station’s decision was based on complaints from both Black and White viewers and employees, and that an employer’s incorrect conclusion about the offensiveness of remarks does not prove racial animus.
What it means going forward
Employers in the Fifth Circuit may terminate employees for using racially offensive language on air without facing liability under Title VII, even if the employer’s assessment of the language’s offensiveness is later disputed, provided the employer can articulate a legitimate non-discriminatory reason.
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