A lawsuit accusing CBS Studios of discriminatory hiring practices on the set of SEAL Team is moving forward.
A federal judge rejected the network’s attempt to dismiss the case. The suit, filed by script coordinator Brian Beneker, alleges that CBS enforced illegal diversity quotas that discriminated against straight white men.
The studio is accused of prioritizing “less qualified” individuals from minority groups.
CBS Dismissal Attempt Axe by Judge
U.S. District Judge John Walter denied CBS Studios’ bid to dismiss the case and also said that issues such as First Amendment protections in talent selection should be resolved at a later stage. The judge’s decision draws a parallel with a similar case brought by Gina Carano against Disney and Lucasfilm.
In that case, Carano claimed she was fired from The Mandalorian due to her political beliefs. The court in that case also rejected arguments based on free speech grounds, allowing Carano’s lawsuit to proceed.
CBS, now a subsidiary of Paramount, has argued that its shows constitute artistic speech, granting them the right to choose the writers who best convey its creative vision. “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, the network’s attorney, in a court filing. She emphasized that CBS’s content is inherently expressive, and the studio should have the autonomy to select employees who contribute to that expression.
Allegations of Discriminatory Practices
Originally filed in March, the lawsuit contends that Beneker was repeatedly overlooked for a staff writer position due to an “illegal policy of race and sex balancing.” Brian Beneker claims this policy favored hiring individuals from preferred demographic groups -this includes minorities, LGBTQ individuals, and women – while overlooking “more qualified” candidates.
Beneker is seeking $500,000 in damages, along with a court order to secure a full-time producer role on the series and to halt any further discriminatory hiring practices at CBS.
The legal challenge against CBS follows a broader pattern of pushback against corporate diversity initiatives. Beneker is represented by America First Legal Foundation, a group founded by former Trump administration official Stephen Miller. The organization has been actively filing complaints with the Equal Employment Opportunity Commission (EEOC) against major corporations.
Some notable examples include Morgan Stanley, Starbucks, and McDonald’s. The firm is challenging hiring practices that allegedly violate civil rights laws.
Implications Of The Lawsuit
This lawsuit emerged in the wake of the U.S. Supreme Court’s decision in Students for Fair Admissions v. Harvard. This decision saw the removal of race-based admissions policies in colleges and universities. The ruling has sparked a wave of legal challenges aimed at dismantling diversity and inclusion efforts across various industries.
The outcome of Beneker’s lawsuit could have significant implications for many industries. This can include other well-known industries expecting a DEI push back such as the gaming industry. As we saw over the spring and summer, games began making notes of DEI involvement in the industry which Sweet Baby has been the face since.