CBS has filed a motion to dismiss a lawsuit challenging its diversity hiring practices for the show “SEAL Team,” arguing it has a First Amendment right to choose who it wants to hire. The lawsuit was brought by Brian Beneker, a straight, white man who claims he was passed over for writing jobs on the show due to his race and gender. Beneker is supported by America First Legal, a group led by Stephen Miller, who seeks to challenge diversity programs in the entertainment industry and corporate America.
According to CBS, its decision to prioritize diversity in its writers’ rooms is protected by the First Amendment, as it affects the stories the show tells. CBS argues that limiting its ability to select writers based on diversity would infringe on its ability to shape its message. The defense cites similar cases involving Disney firing an actor for controversial social media posts and a race discrimination lawsuit against ABC over casting decisions for “The Bachelor.” In both cases, the defense argues that the First Amendment protects a private entity’s right to make hiring decisions based on their message.
CBS set a goal in 2020 to increase Black, Indigenous, and People of Color (BIPOC) representation in its writers’ rooms. A report by the Writers Guild of America West found that BIPOC writers made up 37% of overall TV series staffing in 2020, up from 13.6% a decade earlier. Beneker’s lawsuit alleges that CBS’s diversity hiring goal amounts to an illegal quota, requiring white, heterosexual men to have extra qualifications compared to nonwhite, female, or LGBTQ writers. The suit claims this violates the Civil Rights Act of 1964 and seeks to require CBS to hire Beneker as a producer.
CBS does not claim immunity from anti-discrimination laws but argues that its First Amendment right prevails when hiring for positions involving expressive conduct, like writers or actors. The defense maintains that CBS has the autonomy to decide what stories to tell and which writers are best suited to tell them. The case raises questions about the intersection of diversity initiatives in the industry and the constitutional rights of private entities to make hiring decisions.
Overall, the lawsuit filed by Beneker against CBS challenges the network’s diversity hiring practices for its show “SEAL Team.” CBS argues that its First Amendment rights allow it to prioritize diversity in its writers’ rooms, which impacts the stories the show tells. The case highlights the tension between diversity initiatives in the entertainment industry and the constitutional rights of private entities to make hiring decisions based on their message. It remains to be seen how the court will rule on the matter and what implications it may have for future diversity efforts in the industry.
