What is CBS' SEAL Team discrimination lawsuit all about? Explained

In a legal showdown that catches the eye, CBS faces a discrimination lawsuit from Brian Beneker, who is a script coordinator for the TV series SEAL Team. Beneker has brought charges against the network, claiming he was overlooked for promotion to a staff writer position due to being a "white, heterosexual male."

The lawsuit points out ongoing tensions surrounding diversity policies in Hollywood. CBS attempted to dismiss the case and argued that its casting decisions are protected under the First Amendment and said their right to shape their shows’ messages.

However, U.S. District Judge John F. Walter struck down the motion on Wednesday (August 14, 2024), which indicates that such arguments are better suited for a "summary judgment" stage than dismissal. As quoted in Deadline, Judge Walter stated:

"The Court concludes that the issues raised by Defendant are more appropriately resolved on a motion for summary judgment."

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Why is the script coordinator from SEAL Team suing CBS?

Script coordinator from SEAL Team sues CBS (Image sourced from Unsplash)

CBS is currently embroiled in a legal battle that could send ripples through Hollywood’s hiring practices. At the center of the storm is Brian Beneker, a script coordinator for the TV series SEAL Team, who claims the network discriminated against him because he is a white heterosexual male.

The lawsuit has focused on the contentious issues of workplace diversity and alleged reverse discrimination, shedding light on the complications of affirmative action in creative industries. Beneker has been with SEAL Team since March 2017, except for a brief hiatus during the show’s second season.

His role primarily involves preparing scripts, a job that has traditionally been a stepping stone to higher writing positions. Despite his tenure, Beneker alleges that his multiple applications for a staff writer position were repeatedly ignored. He asserts that since June 2019, CBS has instead hired staff writers who fit certain diversity quotas but lacked his experience or credentials.

The lawsuit specifically names six writers hired over Beneker - a Black male and female during season 3, a white female former writer’s assistant in season 5, a Black female writer’s assistant, and a white lesbian female writer’s assistant in season 6 and another white female writer’s assistant in season 7 of SEAL Team.

Beneker argues that these individuals were fast-tracked despite lacking major screenwriting credits, suggesting that CBS’s diversity targets have unfairly sidelined him. In July 2020, CBS announced an initiative aiming for at least 40% BIPOC (Black, Indigenous, and People of Color) representation in their writers’ rooms starting from the 2021-2022 season.

Beneker's lawsuit criticizes this policy, claiming it imposes additional hurdles for hiring heterosexual white men who now need "extra qualifications like military experience or previous writing credits" to be considered for similar roles.

CBS has responded to the lawsuit by asserting its First Amendment rights, arguing that as a creator of artistic content, it should have the autonomy to select writers who align with its envisioned narratives.

The network’s motion to dismiss the lawsuit has been rejected by U.S. District Judge John F. Walter, who states that the issues raised by CBS are more appropriately addressed at a summary judgment phase, thus allowing the lawsuit to proceed.

Legal experts and industry observers are keenly watching this case as it raises major questions about the balance between ensuring diversity and preventing discrimination. Critics of CBS’s policy argue that what began as a well-intentioned push for inclusivity has morphed into a rigid quota system that discriminates against those not part of a protected class.

SEAL Team's Beneker seeks not only to challenge his non-promotion but also to push for broader changes in how networks approach diversity in hiring. He is demanding a full-time job as a producer along with compensatory and punitive damages, pointing out that his fight is not just about personal grievances but also about principles.

Whether the case will lead to a re-evaluation of hiring practices in Hollywood remains to be seen. Still, it certainly shows the ongoing debate about equality and equity in high-profile industries.

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The seventh and final season of SEAL Team aired on August 11, 2024, on Paramount Plus.