In a significant legal development, a U.S. District Court has ruled that a lawsuit alleging CBS Studios engaged in discriminatory hiring practices against straight white men will move forward. As mentioned by The Hollywood Reporter’s recent report, the lawsuit was brought on by Brian Beneker (Missing, Vegas, The Walking Dead), a script coordinator for the television series SEAL Team, who claims that the studio implemented illegal diversity quotas that favored hiring minorities, women and LGBTQ individuals over more qualified candidates.
According to The Hollywood Reporter, U.S. District Judge John Walter issued the ruling on Tuesday evening, rejecting Paramount’s motion to dismiss the case. Judge Walter emphasized key issues, such as the extent to which the First Amendment protects the studio’s hiring choices, which will be addressed at a later stage in the litigation.
Also mentioned by The Hollywood Reporter, the lawsuit represents a growing legal challenge to corporate diversity initiatives following the U.S. Supreme Court’s decision in Students for Fair Admissions v. Harvard that struck down race-conscious admissions policies in higher education. This case against CBS could be seen as one of the first significant legal challenges to Hollywood’s efforts to promote diversity and inclusion after the Supreme Court’s decision.
Beneker’s lawsuit, filed in March, alleges that he was consistently denied a staff writer position on The SEAL Team due to what he describes as an “illegal policy of race and sex balancing.” He claims that this policy led to the hiring of less qualified candidates from preferred demographic groups, including minorities, women and LGBTQ individuals. According to The Hollywood Reporter, in addition to seeking $500,000 in damages, Beneker is also requesting a court order that would make him a full-time producer on the series and prohibit CBS from continuing what he characterizes as discriminatory hiring practices.
CBS, in its defense, CBS has argued that the First Amendment provides broad protections for its hiring decisions, especially in creative fields where the selection of writers and other talent is integral to the company’s ability to convey its artistic message. Molly Lens, a lawyer representing CBS, argued in court filings that the studio’s right to choose its writers is essential to its ability to shape the content it produces. “Limiting CBS’s ability to select the writers of its choice — as Beneker seeks to do here — unconstitutionally impairs CBS’s ability to shape its message,” Lens wrote.
According to The Hollywood Reporter, Judge Walter’s ruling also referenced a similar case involving Gina Carano (Deadpool, My Son Hunter, In The Blood), who filed a discrimination lawsuit against Disney and Lucasfilm after she was fired from the popular series The Mandalorian. In that case, the court rejected Disney’s argument that Carano’s claims were barred on free speech grounds, finding that she might have been terminated in retaliation for expressing political beliefs that were not aligned with those of the company.
The outcome of Beneker’s case could have significant implications for the entertainment industry, particularly as it navigates the complexities of diversity and inclusion initiatives. Also touched on in The Hoolywood Reporter’s article, the lawsuit is being supported by America First Legal Foundation, a conservative group founded by Stephen Miller, which has been actively filing complaints with the Equal Employment Opportunity Commission (EEOC) against major corporations like Morgan Stanley, Starbucks, and McDonald’s over their diversity and hiring practices.
As the case progresses, it is likely to attract further attention, not only because of its potential impact on Hollywood’s hiring practices but also due to its broader implications for corporate diversity policies in the United States. The court’s decision to allow the lawsuit to proceed suggests that the legal battles over diversity and inclusion in the workplace are far from over, with significant consequences for how companies approach these issues.