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Black journalist barred from covering George Floyd protests alleges race bias

July 2020 employment law letter
Authors: 
Lauren F. Schoeberl, Saul Ewing Arnstein & Lehr LLP

After a black reporter for the Pittsburgh Post-Gazette posted a tweet critical of racial bias in the news media, the employer barred her from covering local protests following the George Floyd killing in Minnesota. Alexis Johnson, in turn, recently filed race bias claims against the city’s largest newspaper in the U.S. District Court for the Western District of Pennsylvania, claiming she was being discriminated against for speaking out against racial injustice on her private social media platform. The case has generated much publicity. While the legal grounds for the reporter’s claims are questionable, the message to employers is clear: You must evaluate the soundness of your policies, past and present workplace practices, and complaint and investigation procedures.

Facts

The Post-Gazette often assigned Johnson to report on social issues for publication on its social media platforms. After Floyd’s killing by police officers in Minneapolis in May, demonstrations opposing racial injustice and police tactics sprung up in Pittsburgh. During the mostly peaceful demonstrations, some property damage occurred, and several protesters were arrested.

Johnson told supervisors she wished to develop stories about the jailed protesters and the grassroots campaigns springing up to support them and assist owners of the damaged property. After making the request, however, she posted a note on her private Twitter account criticizing the media’s alleged racial bias by drawing attention to the disparate manner in which they cover the desecration of public spaces for white cultural events.

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