TV Writers Settle Age Claims for $4.5 Million
Several thousand TV writers inked a $4.5 million settlement with talent agency International Creative Management, Inc. (ICM), resolving the first of 23 pending age discrimination suits against various talent agencies, TV networks and studios.
The lawsuits were filed in 2000 and include cases pending in California state court against media giants ABC, CBS, NBC, Fox, Disney, Columbia, Warner Brothers and talent agencies ICM, Creative Artists, William Morris and others. The writers allege that the agencies refused to represent older writers and aided and abetted the networks’ and studios’ systematic failure to hire them.
In addition to the payment, ICM agreed to implement a variety of institutional changes, including working with an independent task force to scrutinize its policies and procedures and participating in a program that will seek to promote the top 25% of older writers based on script evaluations conducted by a panel of experts.
The plaintiffs’ law firm says it is in “serious settlement negotiations” with the remaining defendants.
The Lessons
As discussed previously here on the Blawg, age discrimination cases are #1 in terms of verdict size. Those numbers will undoubtedly continue to grow as the so-called “graying” of the U.S. workforce continues.
Court dockets are packed with cases in which older workers allege that they feel left behind by companies trying to update their image and move faster to stay in step with the new economy. The focal point of many of those cases is the use of subjective “ageist” terms such as “slow” or ”outdated” when referring to older employees. Those cases usually don’t work out too well for employers. Click here for a real-life example.
Obviously, employers should avoid any hint of bias against older workers as well as any facially neutral policies or procedures that could have a disparate impact. Older employees can be a valuable resource and often have tremendous skills and experience. Help your managers see the value of inclusiveness and diversity and the dangers of making potentially discriminatory remarks and decisions.
