You may participate in the litigation in several ways:
- As a plaintiff and/or class representative.
- As a class member if the case is permitted to proceed as a class action.
- As a witness.
Answers to common questions + concerns about the litigation:
Who is covered by age discrimination laws? If you are forty or older, you are protected from adverse representation decisions based on in whole or in part on your age.
Do I have a case of age discrimination? Many writers believe that they have been victims of age discrimination, but just can't prove it. It's their word against my belief. Age discrimination may be proved by either direct evidence (often referred to as a smoking gun) and/or circumstantial evidence (like statistics and individual anecdotes). In other words, you don't need a smoking gun. And, in fact, in most successful discrimination cases there is no smoking gun.
We intend to proceed in the CAA case on behalf of a group of writers. In a group lawsuit, the plaintiffs are usually required to prove only that the defendants engaged in a pattern or practice of discrimination against the protected group to which they belong. If successful, the burden then shifts to the defendant in a subsequent stage of litigation to prove that they did not discriminate against specific members of the protected group. In contrast, a plaintiff in an individual case always has the burden of proving specific discrimination against him or her.
To date, our investigation has revealed substantial evidence (both direct and circumstantial) of a pattern and practice of age discrimination by talent agencies in the television industry. Many talent agencies have made reported public statements to the effect that their agencies will not represent older writers and that television networks and studios will not hire older writers.
What all of this means for you as a writer is that your case in a group litigation is probably far stronger than you thought.
What if I gave up on my attempts to obtain television writing representation? You still may have a case. Anti-discrimination laws recognize indirect claims of discrimination which are typically referred to as deterrence or chilling claims. In short, you may have a deterrence claim if you gave up on your attempts to obtain television writing representation because you believed that your efforts would be unsuccessful given your age. To pursue a deterrence claim, you must establish that but for discrimination, you would have sought representation.
What will it cost me to participate? Do I have to pay a retainer fee to attorneys? It will cost you nothing to participate in this litigation. Although retainer fees are common in this type of litigation, we are not requesting such a fee. We will recover attorney fees and advanced expenses only if you prevail in the litigation, whether as a result of court decision or settlement.
Will the litigation be successful? We hope and anticipate that the litigation will be successful; however, we cannot guarantee any particular result.
What does the litigation seek to accomplish? How will I benefit from the litigation? The litigation seeks monetary compensation for those injured by alleged discriminatory practices as well as systemic changes in CAA's representation practices to remedy the alleged pattern or practice of age discrimination.
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