Brian Beneker v. CBS Studios, Inc. et al | Advancing DEI Initiative

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GLOSSARY

The definitions in our glossary are primarily sourced from Nolo’s Plain-English Law Dictionary and Cornell Law School’s Legal Information Institute. We have made slight modifications where needed for brevity and to better tailor the definitions to the specific needs of users of this website. For more detailed explanations of the terms, users are encouraged to review the definitions on these websites or conduct their own independent research.

A written request made after a trial court’s final ruling, asking another court to review the trial court's decisions. Appellate courts typically decide whether a legal mistake was made and whether the mistake changed the outcome of the case.

An out-of-court procedure for resolving disputes in which one or more people, “arbitrator(s),” hear evidence and make a decision. It's like a trial in some ways, but typically proceeds more quickly and with less formality.

A lawsuit in which a large number of people with similar legal claims join together (the class) to sue. In this context, it likely refers to cases in which a group of people claim they have suffered discrimination at the hands of an organization.

A document filed in court that starts a lawsuit. In some states and in some types of legal actions, the complaint is called a petition.

the money awarded to one party because of an injury or loss caused by another party.

The person or entity against whom a civil case is filed.

A court order requiring a person to do or stop doing a specific action.

Harm done to a person or organization by the acts or omissions of another. Injury may be physical or may involve damage to reputation, loss of a legal right, or breach of a contract.

An appeal that occurs before the trial court's final ruling on an entire case.

Any party to a lawsuit. This might include a plaintiff, defendant, petitioner, respondent, cross-complainant, or cross-defendant, but not a witness or attorney.

The process of bringing and pursuing (litigating) a lawsuit.

A formal request, either written or oral, that a judge enter a particular order or ruling in a lawsuit.

A motion asking the judge to throw out one or more claims or an entire lawsuit.

These phrases refer to a case whose decision rests upon the law as it applied to the particular evidence and facts presented. This is in opposition to cases whose decisions rest upon procedural grounds (e.g. not filing a timely complaint).

The person, corporation, or other legal entity that initiates a lawsuit seeking damages, enforcement of a contract, or a court determination of rights. In certain states and for some types of lawsuits, the term petitioner is used instead.

Any legal document filed in a lawsuit, including the complaint, answer, and motion(s). The pleading stage gives notice to both parties of the intention of the opposing party regarding the lawsuit.

An opinion of a federal or state court of appeals establishing a legal principle or rule that must be followed by lower courts when faced with similar legal issues.

A court order early in a lawsuit that prohibits the parties from taking a disputed action until the court can decide the merits of the case.

A document that public companies must provide their shareholders prior to a shareholder meeting. The document summarizes proposals submitted to shareholders for a vote.

Punishment of an employee by an employer for engaging in legally protected activity like making a complaint of harassment or participating in workplace investigations. It can include any negative job action, such as demotion, discipline, or firing.

A person's right to sue and have a court rule on their claims. To invoke a federal court's jurisdiction and have the court exercise its remedial powers on their behalf, a person must have standing.

A final decision by a judge, upon a party's motion, that resolves a lawsuit before there is a trial.

CASE NAME

Brian Beneker v. CBS Studios, Inc. et al

Overview

Plaintiff, a freelance writer and white, heterosexual man, sued CBS and parent Paramount Global for “blatant” discrimination arguing that he was denied a staff writer position on the “SEAL series” and other lucrative employment opportunities due to the company's diversity goals.

Details

Plaintiff claims that the positions went to to less qualified women, people of color, and/or LGBTQ+ writers and that the company had imposed stringent diversity rules, including a goal for the writers’ rooms to consist of 50% Black, Indigenous and People of Color (BIPOC) writers in the 2022-23 season.

Defendants filed a motion to dismiss, arguing that they have a First Amendment (free speech) right to create the artistic content they choose and to select the writers who will create that content. They also argue that, even if their free speech arguments are not enough to dismiss the case, Plaintiff did not pursue some of the allegations in a timely manner. Additionally, they assert that Plaintiff failed to demonstrate how being denied certain positions was due to race.

On August 14, 2024, the court denied Defendants' motion to dismiss, finding that at that (early) stage in the case, the Plaintiff had a raise enough facts to support his claims.

Court

U.S. District Court, Central District of California

Status

Filed February 29, 2024 | Settled

On April 18, 2025 both parties settled and the court dismissed the case. The details of the settlement were not publicly disclosed.

Relevant Law

Section 1981 Title VII

Topic

Workplace discrimination

Significance

This case may help to clarify the extent to which free speech arguments are a viable defense against challenges to diversity initiatives. It may also give insight into whether discrimination plaintiffs can rely on broad diversity targets as indirect evidence of discrimination.