CBS Loses Bid to Dismiss Lawsuit From ‘SEAL Team’ Scribe Over Alleged Racial Quotas for Hiring Writers
The studio claimed that its shows constitute artistic speech and that it's allowed to choose the writers who convey its message.
Interesting case! This decision doesn't mean that one side or the other won but just that it survived a motion to dismiss.
Beneker, in a lawsuit filed in March, alleged that he was repeatedly denied a staff writer job after the implementation of an “illegal policy of race and sex balancing” that promoted the hiring of “less qualified applicants who were members of more preferred groups,” namely those who identify as minorities, LGBTQ or women. He seeks at least $500,000, plus a court order making him a full-time producer on the series and barring the further use of discriminatory hiring practices.
Arguing for dismissal, CBS claimed broad First Amendment protections. Even if Beneker’s claims that he was repeatedly passed over for a writing role because the studio chose to prioritize diversity are true, the company said that it’s on solid legal ground.
“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,” wrote Molly Lens, a lawyer for the studio, in a court filing. It continued, “Because CBS’s works are expressive, CBS has the right to select employees whose work affects that expression.”
The issue will be decided at summary judgment, the court said.