TV Writers Make the News: Age Discrimination Lawsuit
In a major victory for older TV writers, their lawsuit can now proceed against the television industry including networks, studios, production companies and talent agencies.
If you think you might be eligible to participate in the lawsuit, or have relevant information regarding the case, you can complete this questionnaire.
The suit, which was filed in California, charges discrimination in a number of ways, including:
rejected for writing opportunities; being deterred or discouraged from seeking writing opportunities; being deterred or discouraged from seeking representation with one or more talent agencies because they believed their efforts would have been unsuccessful as a result of age discrimination; receiving less zealous or effective representation from one or more talent agencies based on age, in whole or in part; and, receiving less favorable terms and conditions of employment.
The website which you can find
here contains loads of interesting information. The case is based on statistical, as well as anecdotal evidence of various kinds.
posted by Michael @ 12/28/2004 09:18:00 AM 
1 comments
1 Comments:
It is perhaps somewhat overstating the case to call this a MAJOR victory for the plaintiffs.
The most recent decision I found on the case website simply reversed the dismissal of certain claims on demurrer, or motion to dismiss. Motions to dismiss are typically very tough to win, requiring that even if all facts pleaded are true, there is an absolutely clear legal reason the plaintiffs cannot prevail. No actual evidence is examined.
So what it looks like to me is that the defendants, represented by an army of LA lawyers, decided to start the fight at the earliest possible moment -- at the motion to dismiss stage -- managing to delay proceedings on the merits for at least four years (the site shows an amended federal court complaint in November 2000).
Significantly, this was NOT a class certification ruling. I'm no class action expert, but it's possible this class would be found to be overbroad and lacking in commonality, and not certified as currently described. In any event, they can fight for another four years over that issue.
I note the plaintiffs are represented by Brad Seligman of The Impact Fund, of Wal-Mart fame, as well as the Asian Pacific American Legal Center of Southern California, Equal Rights Advocates, Lawyers’ Committee for Civil Rights, Legal Aid Society – Employment Law Center, and Public Advocates, Inc., as Amici Curiae.
Impressive list, but not compared to the two full pages of lawyers representing the defendants. If deep pockets could ever wear down and beat voracious and greedy class action attorneys, this case might be an even better opportunity for this to occur than Wal-Mart, as here we have the combined resources of many huge media conglomerates. On the flip side, a huge settlement or judgment would be a drop in the bucket if split among them.
And as is usual with class actions, if you fill out the questionaire, or are a member of the class if one is later certified, don't expect this case to make YOU rich. You'll get a few grand, and the attorneys will get millions. Count on it.
You can sit around for years getting older and waiting for the goldmine that probably won't arrive, or you can forget about litigation and write some great scripts or books, or whatever.
If age should legally be no barrier, it will be no barrier as a practical matter for someone talented in the arts. A good work of art will be recognized, if not by these media conglomerates by someone else (indie filmmakers?).
That's why one of the most interesting facts in this case is that despite the alleged discriminatory pattern and practice, the plaintiff's own pleaded facts in the earlier federal case included that that writers over 40 comprised one-third or more of the writing staffs of most [industry] employers in 1997/1998. The court did not find this fact preclusive of deterred application claims only because it was premature, at the motion to dismiss stage.
Post a Comment
<< Home