Judge Rejects CBS's Bid to Dismiss White Screenwriter's Discrimination Suit

A federal judge in Los Angeles has rejected CBS Studios Inc.'s attempt to dismiss a lawsuit filed by a white, heterosexual screenwriter who claims the network's diversity initiatives led to discrimination in hiring for the television series "SEAL Team".

U.S. District Judge John Walter denied CBS's motion on August 14, 2024, without providing a detailed explanation. The judge stated that the issues raised by the defendant would be more appropriately addressed in a motion for summary judgment.

The lawsuit, filed by Brian Beneker, alleges that despite his experience as a script coordinator and freelance writer for "SEAL Team" throughout its six-season run, he was passed over for staff positions in favor of Black, female, and gay writers. Beneker claims this occurred due to CBS's goal of having 40% of writers on its primetime series be Black, indigenous, or people of color.

Beneker is represented by America First Legal, a conservative organization founded by former Trump administration officials, including ex-White House adviser Stephen Miller. The group views this ruling as a significant development, allowing them to proceed with discovery to gather evidence of CBS's employment practices.

America First Legal has been actively challenging corporate diversity initiatives, filing numerous lawsuits and complaints with the Equal Employment Opportunity Commission. These actions allege discrimination against white, male, and heterosexual workers through diversity efforts.

The case highlights the ongoing debate surrounding corporate Diversity, Equity, and Inclusion (DEI) policies, which have faced increased scrutiny since 2020. These initiatives gained prominence following nationwide protests addressing the treatment of Black individuals by law enforcement.

Beneker's lawsuit accuses CBS and Paramount Global of violating Title VII of the Civil Rights Act of 1964 and Section 1981 of the Civil Rights Act of 1866. These laws prohibit employment discrimination based on race, color, religion, sex, and national origin.

In its May 2024 motion to dismiss, CBS argued that the First Amendment protects its right to select writers best suited for the stories it aims to produce. However, Judge Walter's decision allows the case to move forward, potentially setting a precedent for similar challenges to diversity initiatives in the entertainment industry.

As the case progresses, it may have implications for how media companies balance creative decisions with diversity goals in their hiring practices. The outcome could influence future legal challenges to corporate DEI policies across various industries.

"AFL now can engage in extensive discovery to obtain and reveal evidence of CBS's employment practices, and its alleged discrimination against AFL's client, and can then use that information to vindicate his rights in court at trial."

The case, Beneker v. CBS Studios Inc, is being heard in the U.S. District Court for the Central District of California. As the legal proceedings continue, the entertainment industry and corporate America will likely be watching closely for potential impacts on their diversity initiatives and hiring practices.