As many of us are currently enjoying the glamour and pageantry of the Hollywood awards season, few realize Hollywood’s history of discriminating against some of its older contributors to our entertainment.

For the past 10 years, over 100 older television writers have maintained a class action age discrimination lawsuit against 2 dozen defendants, including the major television networks, their affiliated production studios, as well as several major talent agencies.  The writers have alleged that the defendants deprived them of work due to their age.  Several weeks ago, a settlement was reached in the matter, pursuant to which the defendants agreed to pay the sum of $70 million.  About $2.5 million of the settlement amount will go to create the Fund for the Future, which will issue grants and loans to affected writers “to further their writing careers and study ways to supplement their pensions and improve access to medical insurance,” according to the terms of the settlement.  Each individual plaintiff is expected to receive roughly $245,000, depending upon the ultimate size of the class. 

Observers of the entertainment industry believe the settlement’s greatest impact will be in deterring future discriminatory behavior by Hollywood executives.   In fact, research has found that even since the lawsuit was filed, the employment rate for television writers over the age of 50 has increased by 10% while that of television writers below the age of 31 has fallen by a third.  Some of those figures may, however, be attributable to shifts in television viewing patterns. 

Tony Segall, general counsel for the Writers Guild West, which was not a party to the suit, said that the Guild remains concerned about the longevity of writers’ careers and the employment rate among older writers. “There is still a sharp decline in employment rates as writers get older, into their 60s and 70s,” he said.

This newsletter is a publication of Nochumson P.C. and is intended for general information only. It should not be construed as legal advice with respect to any particular situation, and readers should not act upon information contained in this newsletter without first consulting an attorney. Copyright © 2009.