HBO Launches Fellowship

[AE35-Unit]

Re: HBO Launches Fellowship

Lauri, in retrospect I do seem to remember something about that lawsuit. Thanks for digging it up.

[LauriD]

Re: HBO Launches Fellowship

Has there ever been a successful lawsuit against the entertainment industry for age discrimination? .

Yes.

http://articles.latimes.com/2010/jan...rs23-2010jan23


"A long and winding legal battle that raised uncomfortable questions about Hollywood's treatment of middle-aged and older TV writers was settled Friday, a decade after a class-action lawsuit alleged they were the victims of widespread age discrimination.

Under the settlement, 17 major networks and production studios, along with seven talent agencies, agreed to pay $70 million to thousands of writers to resolve 19 claims.

A group of 165 writers alleged that the networks, studios and talent agencies unfairly squeezed out writers older than 40 in their efforts to capture younger audiences, denying them employment on dramas and situation comedies."

[Scriptonian]

Re: HBO Launches Fellowship

"...look how they treat women. And people of color."

In a fellowship to provide access to women and minorities, HBO discriminated against another protected class in requiring date of birth. The burden will be on HBO to show a legitimate reason for the asking, and no disparate impact against over-40 applicants resulting from the asking. HBO may be golden if the average or medium age of the winners is 42, but that's not my best guess. What would be yours? 20s? 30s? Hollywood will be as arrogant as it's always been in matters of equal opportunity - unless it costs them money; unless their future employment decisions are restricted, overseen by federal and state agencies. It is always a question of leadership or lack thereof whether outside agencies like EEOC or California's FEPA have to step in.

[AE35-Unit]

Re: HBO Launches Fellowship

Has there ever been a successful lawsuit against the entertainment industry for age discrimination? I've been in the broadcast television industry for thirty years and I've never heard of one. Not even for a secretarial position. I overheard a conversation between a reporter and her boss once that she was looking aged and needed more time in the gym. What do you do but nod and say ok. Quit at 36? File a lawsuit? Don't think so.

As far as the motion picture industry, all I ever hear is 'don't tell them how old you are.' To me it's just a given and I don't think about it because there's no point. I mean crimanitley-whittler, look how they treat women. And people of color.

The entertainment industry as a whole is discriminatory and always has been probably since Vaudeville. But the difference between Hollywood and a cotton gin in Mississippi is Hollywood does it solely for return on investment. Because in Hollywood that's all that matters. And God knows they got the lawyers to prove it.

[JoeBanks]

Re: HBO Launches Fellowship

Don't wager too much, Joe Banks. HBO violated federal and state employment law in asking entrant's date of birth on the Withoutbox entry. They could have asked entrants if they were of legal age; not how old or what their date of birth. It's a wonder they didn't require a recent photo. The medium age of all U.S. workers (2010) is about 41.7 (and rising). If medium age of the fellowship winners is below 42 (add up ages of the winners and divide by their number), a disparate impact against older writers is the result, and HBO will be held accountable.

you go ahead and keep complaining about the unfairness of competitions and the rest of us will just be writing, trying to make our scripts undeniable. one of these strategies has a better chance of succeeding than the other

[Scriptonian]

Re: HBO Launches Fellowship

I'm not familiar with the Nicholl submission process. Their fellowship may not be a training program or an apprenticeship such as the HBO fellowship is so as to be covered by EEO laws (Nicholl Fellows don't have to move to L.A. and show up for work), although the Nicholl would have to comply with discrimination in public accommodations laws (access).

Here are acceptable & unacceptable pre-employment questions regulated by the CA Fair Employment agency, to which HBO is subject: http://www.dfeh.ca.gov/res/docs/publ...s/dfeh-161.pdf

Here is the federal EEOC regulation to which HBO is subject: http://www.federalregister.gov/artic...-in-employment

I see a clear violation and no affirmative defense under either.

[LauriD]

Re: HBO Launches Fellowship

A fellowship is a training program, Lauri, and subject to federal EEO and CA Fair Employment laws; asking date of birth is prohibited by regulation. As it should be.

I'm not so sure... Do you have a source for that? The Nicholl is a fellowship and they ask about age for demographic purposes. Does it make a difference that the fellowship is run by a for-profit rather than a non-profit?

[Scriptonian]

Re: HBO Launches Fellowship

A fellowship is a training program, Lauri, and subject to federal EEO and CA Fair Employment laws; asking date of birth is prohibited by regulation. As it should be.

[LauriD]

Re: HBO Launches Fellowship

. If medium age of the fellowship winners is below 42 (add up ages of the winners and divide by their number), a disparate impact against older writers is the result, and HBO will be held accountable.

"Will"? I wouldn't say it's likely.

Only if someone bothers to bring a class action suit (and good luck with finding a lawyer for that) or the EEOC decides to investigate.

This is a contest for a fellowship, and I'm not sure whether employment laws even apply... There are certainly contests limited to older or younger writers.

[Scriptonian]

Re: HBO Launches Fellowship

Don't wager too much, Joe Banks. HBO violated federal and state employment law in asking entrant's date of birth on the Withoutbox entry. They could have asked entrants if they were of legal age; not how old or what their date of birth. It's a wonder they didn't require a recent photo. The medium age of all U.S. workers (2010) is about 41.7 (and rising). If medium age of the fellowship winners is below 42 (add up ages of the winners and divide by their number), a disparate impact against older writers is the result, and HBO will be held accountable.

[JoeBanks]

Re: HBO Launches Fellowship

http://deadline.com/2015/07/hboacces...rs-1201472669/

[Danibobani]

Re: HBO Launches Fellowship

I wonder how many people they selected to move forward. (I was not one of them)

I believe they've selected 20 finalists, and will pull 8 fellows from that group.

[JoeBanks]

Re: HBO Launches Fellowship

I didn't apply, but sounds like HBO really dropped the ball with this. And there's no excuse for it. There are plenty of models for them to follow (NBC, WB, ABC) and should have had some workable system ready to go. A couple of hiccups are expected; this looks like a disaster.

Be that as it may, I'd wager they'll end up with the same level of writing quality as if it had been run smoothly from the start

[nadria]

Re: HBO Launches Fellowship

I wonder how many people they selected to move forward. (I was not one of them)

[docgonzo]

Re: HBO Launches Fellowship

I didn't apply, but sounds like HBO really dropped the ball with this. And there's no excuse for it. There are plenty of models for them to follow (NBC, WB, ABC) and should have had some workable system ready to go. A couple of hiccups are expected; this looks like a disaster.