A former television reporter who worked for a Detroit-area television station owned by the E. W. Scripps Company has lost a bid to appeal an unfavorable decision in her discrimination case against the broadcaster.
Kim Ursing, who appeared on air as Kim Russell, worked at WXYZ (Channel 7, ABC) from June 2011 to May 2023, where she served as a breaking news and general assignment reporter. She sued Scripps and several individuals in Michigan state court after alleging gender discrimination after her employment with WXYZ ended.
Ursing’s complaint stemmed in part from the hiring of a male colleague one year after she received a promotion. The male employee, who was in the same employment category, was paid more than Ursing. According to the case, the male employee had five years of experience and had also worked for the Federal Bureau of Investigation (FBI).
Ursing argued the pay difference between her and the male colleague reflected gender discrimination. In her complaint, she also cited workplace comments — including a remark that she had a “distracting” forehead — as further proof of discrimination and harassment.
Ursing had worked under a series of employment contracts at WXYZ, receiving annual percentage-based raises when those contracts were renewed. After about 10 years at the station, her contract came up for renewal again. Ursing objected to the compensation, non-compete provision and liquidated-damages clause in Scripps’ offer. She said she attempted to negotiate but was not given a way to amend the terms. Her contract later expired and she was told her services were no longer needed.
Scripps countered that Ursing was among the five highest-paid multimedia journalists at WXYZ and that the male employee cited in the lawsuit was the only male multimedia journalist at the station who earned more than she did.
A trial court in Oakland County, Michigan previously ruled in favor of Scripps and the other defendants, finding WXYZ had a rational business reason for the pay disparity. This week, a three-judge appeals court panel affirmed that decision, finding that Ursing “failed to present direct evidence of discrimination based on her sex” and upholding the earlier determination that the pay disparity was not illegal.
The appeals court said Ursing did not show that her prior experience was comparable to the male colleague and did not establish that Emmy awards were a relevant factor in WXYZ’s compensation decisions.
“The burden is on plaintiff to show that defendants’ reason for the pay discrepancy is a pretext, and she has failed to carry such burden,” the judges wrote.
The panel also didn’t dispute that the comments about Ursing’s forehead were made, but said the remarks fell outside the statute of limitations for an enforceable action. While the remarks could be considered as background evidence, the court said they could not form the basis of an actionable discrimination claim.
Ursing is still in Michigan, but now works as a communications executive for a financial firm.
