Lisa Benson was a news reporter for the NBC affiliate serving the heart of Mid-America, Kansas City.
She’s not there anymore, and it’s the result of a successful claim of retaliation by her against her former employer, The E.W. Scripps Co., which will now fork over several thousands of dollars per a court decision that finds the TV station owner in the wrong.
Much of Benson’s fight against KSHB-41 involves the use of social media.
In mid-June 2018, Benson revealed on Facebook that she had departed the station. “I’ve hit my final liveshot at KSHB-TV!” Benson posted on June 13. “After 14 years and 3 months, I am no longer a reporter at 41 Action News – KSHB-TV. I can’t thank you all enough for allowing me into your homes and trusting me to tell your stories.”
There was a lot more to the story that played out in court over the next several months.
That’s because Benson had filed a racial discrimination lawsuit against KSHB’s licensee, Scripps Media Inc., in December 2016. The jury trial began in August 2018.
But, it is a May 7 Twitter post that Benson says led to her firing — not the pending racial discrimination lawsuit, one of two KSHB was dealing with in 2018.
Benson posted on her Twitter feed an article in U.K.-based newspaper The Guardian suggesting that Caucasian women play the role of victim whenever women of color assert themselves. The article is titled “How white women use strategic tears to silence women of colour.”
Author Ruby Hamad, who wrote the Guardian piece based on a book she has published, picked up on Benson’s tweet and shared with the Kansas City Star that “two white female colleagues at the Kansas City television news station saw the article on Benson’s Facebook page and contacted human resources.” She claimed Benson was suspended for making “broad, unfair characterizations of white women as a group based on their race and gender.”
It is unclear if the Tweet appeared on @lisabensonkshb, which ties her to her place of work, or to her personal Twitter account.
But, Benson didn’t take long to follow up her June 13 Facebook post with an update as to why she wasn’t on KSHB-41 anymore. On Facebook, she said on June 19, 2018, “I was suspended for sharing a meme & a Guardian US article on my personal FB page and subsequently told I ‘shall not report to work’ for the duration of my contract.”
Scripps denied the claim. Speaking to the Star, News Director Carrie Hofmann said, “We can confirm that, in line with its contractural rights, KSHB did not renew Lisa Benson’s contract. We cannot comment on pending litigation. We stand by our commitment to diversity and inclusion in our workplace.”
Benson’s suit was moved to federal court from Jackson County Circuit Court. She alleged that her African-American race was “constantly used” in determining what her reporting assignments would be. She added that she was once sent, alone, to conduct an interview with a Ku Klux Klan member.
A federal court decision came Friday (2/8). Four claims against Scripps, including two instances of retaliation and two instances of discrimination, were presented to a jury.
The verdict? As Scripps sees it, both sides were victorious.
The jury ruled in favor of Scripps in the two instances of discrimination.
However, the jury ruled in favor of Benson in the two instances of retaliation, tied to the posting of the Guardian article, and Scripps is responsible for paying Benson an award of $201,000.
Specifically, Benson was awarded $26,000 in actual damages and $175,000 in punitive damages. That’s a huge win for Scripps, as Benson’s counsel sought $8 million to $10 million.
As KSHB reported, closing arguments concluded Friday afternoon, leaving an eight-person jury to deliberate on a verdict, which came at 10pm Central Friday following eight hours of consideration.
Scripps’ counsel in the case, Scott McIntyre, commented, “While the station had hoped for a swift resolution of the claims, we appreciate that the jury affirmed our actions had nothing to do with race. We are confident that future litigation will continue to reinforce our commitment to diversity and inclusion.”
Dennis Egan, of the Popham Law Firm, represented Benson. He told the Star, “The jury rejected the lies they were telling about her. She feels she received validation from the jury’s verdict.”
Egan adds that Benson will be able to seek a damages award for estimated future lost wages, and funds to cover her bill to Popham Law Firm.
