WBZ files motion to dismiss Kate Merrill’s discrimination lawsuit

The motion argues filing the complaint against Merrill, investigating that complaint, and announcing her demotion weren’t driven by actual malice.

An exterior of WBZ-TV Studio location in Boston. (Jonathan Wiggs Globe /Staff )

WBZ filed a motion to dismiss most of former morning anchor Kate Merrill’s allegations that she was discriminated against, including the count against a Black colleague.

Merrill, who abruptly left her role at WBZ last year after nearly 20 years with the station, filed a federal lawsuit in August for $4 million. She claims she was discriminated against on the basis of her gender and her race and was defamed after she was accused of racist remarks and demoted.

The rift appears to have begun after Merrill privately corrected Jason Mikell’s on-air pronunciation of “Concord.” Mikell, a meteorologist who is Black, allegedly “immediately confronted Ms. Merrill, loudly yelling at her on the studio floor and asserting that she was being critical of him” in April 2024, the lawsuit said, and Merrill reported the incident to human resources.

Then, both he and another colleague made simultaneous allegations of microaggressions and unconscious bias against Merrill. Merrill denies that any of her actions “were described or motivated by overt racism or unconscious bias,” according to the lawsuit.

Mark Batten, the lawyer for WBZ, its employees, and its parent companies, writes that Merrill alleges that she was affected by “reverse discrimination” as WBZ worked to diversify its on-air staff.

“While the complaint repeatedly characterizes Merrill as someone who is ‘anti-racist’ – pointing to what she describes as warm personal and professional relationships with some Black people,” Batten writes, “her allegations rest on the demeaning and unfounded stereotype that the Corporate Defendants decided to hire and advance people of color only in furtherance of a ‘DEI agenda.’”

Batten argued that four of Merrill’s six charges should be dropped, including the discrimination on the basis of gender or sex, defamation, untimely payment of wages, and the allegations of tortious interference against Mikell and her superiors.

Motion: All charges of tortious interference against the individuals, including Black colleague, should be dropped

Merril alleged that Mikell, Justin Draper, and Michael Roderick intentionally interfered with her business relationships with WBZ, CBS, and Paramount, who are also named as defendants. She dropped the same allegation against Courtney Cole, another Black colleague, in October.

Merrill alleged that Draper, her superior, defamed her, and Roderick, who investigated the allegations of racism against her, intentionally interfered with her advantageous business relationship.

The motion argues that steps taken by Mikell, Roderick, and Draper — filing the complaint against Merrill, investigating that complaint, and announcing her demotion — weren’t driven by actual malice. Mikell’s complaint of discrimination is legally protected.

Draper, who was accused of defamation, allegedly publicly announced Merrill’s demotion to weekend nights, “humiliating her.” Batten argues his statements were true, therefore not defamatory.

“All she pleads is that Draper announced she had been demoted. This is not enough,” Batten writes. “Making a staffing announcement to WBZ staff is not unnecessary, unreasonable, or excessive.”

The other two remaining allegations are unlawful discrimination on the basis of race and failure to investigate the violation, according to court records. A joint motion in court extended the defendant’s time to answer those counts.

Merrill’s lawyer did not return a request for comment.

“It is with profound sadness that I now find myself in the position of bringing a legal complaint against a station and company that I once considered part of my family,” Merrill said in a public statement after the lawsuit was filed. “This decision was not made lightly. It was made because I believe fairness must apply to everyone, regardless of race, gender, or background and I was not treated fairly.”

In a statement, a spokesperson for WBZ said “we refute any claim that WBZ or any of the other named defendants acted unlawfully and will continue to defend the matter in court.”