The Atlanta Journal-Constitution
Discrimination suit against CNN, Turner, Time Warner tossed
Attorney plans to refile with other black workers as the lead plaintiffs.
A federal judge has thrown out a racial discrimination class-action lawsuit filed by current and former black employees against CNN, Turner Broadcasting and New York-based parent company Time Warner.
U.S. District Court Judge William Duffey of the Northern District of Georgia wrote in Tuesday’s dismissal order that the two employees named in the suit failed to show that intentional discrimination based on their race occurred.
The lawsuit filed in December claimed a pattern of discrimination against black employees, particularly men, in evaluations, pay and promotions.
“This discrimination represents a company-wide pattern and practice, rather than a series of isolated incidents,” the lawsuit said.
Attorney Daniel Meachum at the time said the company has been discriminating against blacks for more than 20 years. Although only two people were named plaintiffs, he said he had found many more people who qualified for the class-action suit. On Wednesday, he said he has found more than 190 people willing to attach their names to the lawsuit.
Duffey said the suit was “fraught with conclusory claims, unsupported by factual allegations sufficient to support the inferences claimed by plaintiffs.”
He hammered the lawsuit for lacking factual support for allegations such as an interview process stacked against black candidates and the concentration of black employees in less important departments. He also noted statistics about individuals “of color” included minorities beyond blacks.
Meacham, the attorney for the plaintiffs, said he plans to address Duffey’s issues and refile the lawsuit with different employees named as lead plaintiffs. “I won’t say I’m disappointed or surprised,” he said. “He made the observations that he made. I respect and like Judge Duffey.”
Meacham called the judge’s decision a blessing in disguise. “This is a battle, not a war,” he said. “The first scrimmage, it was in the favor of CNN and Turner. I applaud them for it. But the war is not over. We endeavor to keep on fighting.”
An attorney who represented the networks referred questions to a company spokeswoman on Wednesday. That person didn’t immediately return a message seeking comment.