On May 25, 2021, Cumulus Media announced that it has signed a five-year agreement to carry University of Memphis Tigers athletics on a 100kw FM serving Memphis at 98.9 MHz. That heralded a change in presentation to “News/Talk 98.9, The Roar of Memphis.” Subsequently, a morning show change was made, and “Sideshow Bob” would become a part of the on-air lineup — that is, until he couldn’t anymore. This air personality wasn’t vaccinated against the COVID-19 vaccine, and Cumulus had instituted a corporate policy requiring all employees to get the jab.
Now, Bob Boccia is throwing a jab at Cumulus’ C-Suite, and has filed a lawsuit in a Federal District Court claiming the radio station owner violated the Americans with Disabilities Act and Title 7 of the Civil Rights Act of 1964.
The lawsuit, filed May 1 in U.S. District Court for the Western District of Tennessee’s Western Division, comes after the Equal Employment Opportunity Commission
(EEOC) issued Boccia a Notice of Right to Sue on January 31 — a long-awaited response to a discrimination charge against Cumulus that Boccia submitted to the EEOC in December 2021.
According to Boccia, he was recruited to work at WKIM-FM, branded as “News/Talk 98.9.” He had a successful podcast, and a resumé that made him a strong candidate to help woo listeners to the new incarnation of a FM that had previously tried spoken word programming, but failed.
A “recruitment meeting” Boccia held with Cumulus/Memphis Market Manager Morgan Bohannon and WKIM Program Director Danni Burns saw Boccia reveal that he suffers from Crohn’s Disease. Due to previous issues with vaccines, he shared that he would not be administered with the COVID-19 vaccine as a precaution against severe flare-ups or exacerbating his medical condition, which impacts the intestines and colon. He noted that a vaccination for influenza put him in the hospital.
Another reason Boccia gave for not getting the COVID-19 vaccine was that he was “a devout Catholic.” While this may have thin legal standing, Boccia told Bohannon that, according to the lawsuit, “his religious beliefs forbade him from knowingly accepting vaccinations or medications developed using fetal cell lines derived from abortions.”
Boccia claims that Bohannon repeatedly assured him he would not be required to take the COVID-19 vaccine as a condition of his employment, and on June 25, 2021, an employment contract was signed by both parties. He was to start on July 1, 2021, and the contract terms were for two years. For the first year, Boccia would earn $38,000; for the second year, his 6am-10am co-hosting role would give him $41,000.
All went fine for Boccia until on or about August 11, 2021. That’s when Cumulus Media revealed that it had issued a new company mandate requiring all at the company to take the COVID-19 vaccination and submit proof of vaccination no later than October 11, 2021.
Naturally, Boccia requested an exemption. Cumulus responded by asking him to explain his request for religious-accommodation and answer five questions regarding religious beliefs and the COVID-19 vaccination.
This is where the judges will likely focus their attention. Is being “a devout Catholic” strong enough to declare a religious exemption, normally reserved for those who may be Jehovah’s Witnesses or an Orthodox Jew? Is Crohn’s Disease a medical condition that doctors would consider to be worthy of a vaccination exemption, or is Boccia’s claim an anomaly? Is “disabled” open to interpretation, and is Boccia a disabled individual?
For Cumulus, neither claim from Boccia past muster with the Atlanta C-Suite, even though local management in Memphis reportedly assured him he’d be just fine. On or about August 30, 2021, Boccia was told by the corporate office that he did not qualify for an exemption from the vaccine mandate. This made him subject to termination if he didn’t get a vaccination by the cut-off date.
Boccia did not receive the vaccine; he lost his job as a result.
As such, Boccia is suing for Breach of Contract, with his legal counsel claiming he has “suffered damages for lost opportunities normally attendant to radio-performance including ratings endorsements, paid appearances, and commercial sponsorships.” An award of money damages, including backpay, compensatory damages, and other damages permitted by applicable law, in an amount to be determined at trial, but not less than $75,000, is being sought.
He’s also seeking attorneys’ fees from Cumulus.
A request for comment by RBR+TVBR was not immediately responded to by Cumulus.
