A U.S. District Court judge has rejected an attempt by CBS Studio to dismiss a lawsuit filed by a former member of the SEAL Team writing staff who alleged he was denied employment and job opportunities in favor of less qualified applicants in “favored” groups, i.e., nonwhite, LGBTQ and female.
In a ruling Wednesday, Judge John F. Walter denied CBS’ motion, saying the “the Court concludes that the issues raised by Defendant are more appropriately resolved on a motion for summary judgment” rather than oral arguments. It halts a jury trial for now.
Brian Beneker, a onetime script supervisor and freelance writer for the CBS procedural, filed the civil suit in February in the Central District of California. Beneker, a white male, claimed he wasn’t hired or promoted “due to his race, sex, and heterosexuality,” citing in his argument the “illegal policy” of diversity, equity and inclusion measures.
“This balancing policy has created a situation where heterosexual, white men need ‘extra’ qualifications (including military experience or previous writing credits) to be hired as staff writers when compared to their nonwhite, LGBTQ, or female peers, who require no such ‘extra’ qualifications,” the filing reads.
The suit seeks $500,000 in alleged lost wages, and “an injunction requiring Defendants to offer Plaintiff a full-time job as a producer.” It also drew the attention of former Donald Trump senior advisor Stephen Miller’s nonprofit America First Legal Foundation, which is co-repping the plaintiff.
CBS Studios and parent company Paramount Global, who are named defendant alongside CBS Entertainment Group, filed their motion to dismiss in June, arguing that the First Amendment allows CBS to select writers “best suited” for its shows.
Holding CBS liable for not hiring him “would prevent CBS from hiring the storytellers whom CBS believes are best suited to tell the stories CBS wants to produce and broadcast,” its motion read. “Granting relief to Beneker would impair CBS’s ability to speak on its own terms.”
A date for summary judgment has not been set.
The seventh and final season of SEAL Team launched August 11 on Paramount+.
Ted Johnson contributed to this report.
