Gannett seeks to dismiss lawsuit by white employees challenging diversity goals

The logo of Gannett Co is seen outside their corporate headquarters in McLean, Virginia, July 23, 2013. REUTERS/Larry Downing/File Photo

Acquire Licensing RightsCompany says aspirational goals not the same as racial quotasWorkers say they were fired or not promoted because they are whiteLawsuit came after Supreme Court curbed affirmative actionNov 27 (Reuters) – Gannett has asked a U.S. judge to dismiss a proposed class action accusing the newspaper publisher of discriminating against white employees in an effort to diversify its newsrooms.Gannett in a filing in Alexandria, Virginia federal court on Friday said the plaintiffs in the August lawsuit failed to identify a discriminatory company-wide policy and cannot sue as a class because their claims involve isolated decisions by individual managers.The five named plaintiffs say they were fired or passed over for promotions to make room for less-qualified women or minorities. 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.But Gannett on Friday said that “policy” was merely a report stating aspirational goals, and denied engaging in race discrimination in order to meet them.The report “is a statement of equal opportunity and does not refer in any way to quotas or preferential treatment,” the company said.Nelson Thomas of Thomas & Solomon in Rochester, New York, who represents the plaintiffs, called Gannett’s arguments “superficial” and said the company did adopt a policy stating preferences for non-white workers. He said he was surprised that the company is attempting to distance itself from its diversity initiative.”It shows that they know they’re in trouble,” Thomas said.The lawsuit was filed amid growing backlash to corporate diversity policies that have become increasingly prevalent. But unlike other pending cases brought by shareholders or conservative groups, the claims against Gannett were filed directly by the company’s employees.Starbucks, Target, and Progressive Insurance are among the companies that have faced shareholder lawsuits challenging diversity and inclusion programs.A group founded by former Trump administration officials has filed more than 20 complaints with the U.S. Equal Employment Opportunity Commission accusing large companies of discriminating against white and male workers.Many experts expect an uptick in such challenges following a U.S. Supreme Court ruling in June that struck down race-conscious college admissions policies.The lawsuit against Gannett noted that the Supreme Court said in the decision that “eliminating racial discrimination means eliminating all of it.”Plaintiff Steven Bradley alleges he was fired from a management job at the Democrat and Chronicle newspaper in Rochester, New York, and then passed over for a different position with Gannett because he is white.Another plaintiff, Logan Barry, says he was in line for promotion to a leadership position at the Progress-Index in Petersburg, Virginia. After Gannett acquired the newspaper in 2019, the job went to a Black woman with fewer qualifications, according to the lawsuit.Gannett on Friday denied wrongdoing with respect to the named plaintiffs. Bradley, Barry and the three other plaintiffs failed to allege that any decisions that affected them were based on their race, the company said.The company also moved to strike the class-action claims, arguing that the proposed class of “non-minorities” is inappropriate because that term is not properly defined. Gannett said certifying a class would also be improper because the plaintiffs’ claims involve decisions made by different managers rather than a single company policy.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 & EmeryFor the plaintiffs: Bernard DiMuro of DiMuroGinsberg; Nelson Thomas and Adam Sanderson of Thomas & Solomon(NOTE: Changes Nelson Thomas’ name in case information to reflect his preference and adds his comments in paragraphs 6-7)Read more:Lawsuit says Gannett discriminates against white workers to meet diversity goalsEx-Trump administration officials target corporate diversity effortsAffirmative action ruling could place target on US corporate diversity programsUS Supreme Court rejects affirmative action in university admissionsTarget seeks to toss shareholder lawsuit over Pride backlashOur Standards: The Thomson Reuters Trust Principles.Acquire Licensing Rights, opens new tabDan Wiessner (@danwiessner) reports on labor and employment and immigration law, including litigation and policy making. He can be reached at daniel.wiessner@thomsonreuters.com.