06-06-2024
In March, script coordinator Brian Beneker for CBS's "Seal Team" show sued for race and sex discrimination. He claims CBS did not give him a staff writer position because of an "illegal policy of race and sex balancing" that supported hiring "less qualified applicants who were members of more preferred groups," such as women, racial minorities, and those who identify as LGBTQ+. America First Legal Foundation, which has filed many complaints about diversity practices, represents Beneker.
Beneker has worked for Seal Team since 2017, writing some episodes freelance. He believes less experienced Black and female candidates received staff writing positions over him. Beneker claims a supervisor told him that CBS hired a Black writer over Beneker to meet diversity quotas. He also says CBS assured him of a staff writing position, but the company hired six additional female writers instead. CBS publicly shared that it aimed to have writers' rooms comprised of 40% minorities.
The company filed a motion to dismiss Beneker's lawsuit, arguing its "alleged decision to prioritize diversity in its writers' rooms is protected by the First Amendment." CBS's attorney states Beneker’s attempt to limit who it may hire “unconstitutionally impairs CBS’s ability to shape its message.” One of the cases used to support CBS's motion is a race discrimination case against ABC for not hiring a Black man as "The Bachelor." A judge threw out the case because the First Amendment empowers ABC to make its own casting decisions. CBS argues the First Amendment supersedes anti-discrimination laws when hiring for positions, such as writers or actors, that require expressive conduct.