Owner of ‘The Mix’ didn’t defame former assistant who accused host Eric Ferguson of misconduct, judge rules
For the second time, a federal judge has dismissed a defamation lawsuit related to the way Hubbard Radio Chicago handled misconduct allegations against onetime star host Eric Ferguson.
A former assistant producer for Ferguson, Cynthia DeNicolo, had alleged the company defamed her last year by stating it found no evidence to corroborate her allegations that Ferguson engaged in illegal workplace conduct at WTMX-FM 101.9.
But in a Nov. 28 written opinion, U.S. District Judge Franklin Valderrama of the Northern District of Illinois found the statements were nonactionable and did not defame DeNicolo. A separate lawsuit she filed against Ferguson remains active.
A defamation claim by former Ferguson co-host Melissa McGurren was dismissed earlier this year. McGurren, who left the show in late 2020 after 22 years, has said in court filings that Ferguson created an unbearably hostile work environment.
Ferguson, 55, has denied the allegations but was sidelined from his popular morning show in October 2021, weeks after the Tribune first reported that DeNicolo had sued him earlier that year. WTMX afternoon host Chris Petlak succeeded Ferguson as host of the morning show on “The Mix” in January.
DeNicolo was laid off from the station in May 2020 after a nearly 20-year career. She subsequently filed two lawsuits, one against Ferguson and the other against Hubbard.
In her lawsuit against Ferguson, DeNicolo alleged that he blocked raises and promotions, then orchestrated her dismissal after she refused to resume a brief sexual relationship that occurred early in her career.
The suit against Ferguson states that in 2004 she stopped providing oral sex in response to his demands, which he allegedly made by using the code words “I need a back rub.” She said Ferguson taunted her with the phrase throughout her remaining tenure at the station.
A status hearing in DeNicolo’s lawsuit against Ferguson is scheduled for Thursday in Cook County Circuit Court.
DeNicolo’s other lawsuit, against Hubbard, accused her former employer of defaming her when the company stated it had investigated her claims against Ferguson but did not find corroborating evidence.
“DeNicolo’s position is that the statements not only accuse her of on-the-job malfeasance but also prejudice her in her trade and profession. Not so,” Valderrama wrote in his 20-page opinion and order. “The court agrees with Hubbard that the statements have nothing to do with DeNicolo’s conduct on the job.”
The judge’s ruling is “with prejudice,” meaning DeNicolo cannot file an amended complaint.
The decision mirrors another federal judge’s earlier decision dismissing McGurren’s defamation claim against Hubbard. Valderrama said the analysis in McGurren’s lawsuit was “applicable and persuasive” in DeNicolo’s case because the company’s published statements in both situations were similar.
Attorney Carmen Caruso, who represents both women, declined Tuesday to comment on Valderrama’s ruling. Representatives for Hubbard and Ferguson did not respond to requests for comment.
McGurren was one of three female former station employees to raise allegations about Ferguson in court filings after DeNicolo filed her lawsuits. All four women alleged management protected him because of his show’s high ratings.
In court filings, McGurren said Ferguson demeaned, harassed and ridiculed her when they worked together. She described him as “a serial abuser of women” and said management failed to respond and then forced her out when she demanded that the alleged harassment stop.
After McGurren left WTMX, in December 2020, she filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission that alleged Ferguson had harassed her. Such complaints are confidential, but her allegations later became public in a court filing that was part of DeNicolo’s defamation lawsuit.
McGurren filed her own federal lawsuit against Hubbard shortly afterward. She alleged her former employer had falsely branded her a liar when the company said in an email to staff that it had thoroughly investigated her EEOC complaint and did “not agree with Melissa’s characterization of events.”
The arbitrator in McGurren’s EEOC case ruled in Hubbard’s favor earlier this year.
“We are heartened by the fact that now two federal courts and an arbitrator have ruled in Hubbard’s favor and have concluded that the claims brought by Ms. McGurren and Ms. DeNicolo against Hubbard lacked any legal merit,” attorney Michael Roche, a partner at Winston & Strawn who represented Hubbard Radio Chicago in the litigation, said in an emailed statement.
McGurren now hosts mornings on Audacy country station WUSN-FM 99.5.
