Should You Call? Below are important guidelines and information about contacting plaintiffs' counsel in this case.
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 employment decisions (e.g., hiring, termination, terms and conditions such as pay, etc.) at least partially based on your age, in whole or in part.
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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 employment discrimination cases there is no smoking gun.
We intend to proceed in this 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 defendants 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 employers and referral agencies in the television industry. Many television industry executives have made reported public statements to the effect that their companies will not hire older writers. Sixty year old producers are telling thirty year old writers that they are too old to write for modern audiences. One network allegedly circulated a memo to its producers and creative directors instructing them to find writers who haven’t written. Agents commonly tell their writer clients to remove older writer credits from their resumes so as not to telegraph their age. Statistics show that relative employment rates for older writers are substantially less than would be expected given the labor pool and have been steadily declining over the past ten years. We believe this evidence will be helpful to older writers in a group litigation.
What all this means for you as a writer is that your case in a group litigation is probably far stronger than you thought.
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What if I gave up on my attempts to obtain television writing employment?
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 employment 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 employment and/or representation.
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Who may sue?
Our investigation has revealed that three separate groups play an important role in the television industry's alleged pattern or practice of age discrimination: television networks; studios and production companies; and, talent agencies. Any complaint that is eventually filed in court may name companies from any of these three groups.
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Do I have to worry about retaliation if I pursue my age discrimination claim?
The federal Age Discrimination in Employment Act (ADEA) like most state and local local anti-discrimination laws strictly prohibits retaliation against those who participate in an age discrimination case as a charging party, plaintiff or witness. Many employers are actually more sensitive to the possibility of a retaliation claim than they are too the underlying claim of discrimination. In those instances, persons who participate in an age discrimination suit may actually receive more favorable treatment. On the other hand, there are those who ignore and defy anti-retaliation provisions. We can give no assurances about the potential defendants in this litigation.
If you decide to participate in the group age discrimination litigation, we will represent you for free if you reasonably believe that a defendant is engaging in any legally cognizable retaliation against you. Finally, as a practical matter if you have already been gray-listed and cannot find work as a television writer, you probably have little to fear from participating.
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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.
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Will the litigation be successful?
We hope and anticipate that the litigation will be successful; however, we cannot guarantee any particular result.
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How long will the litigation take to be resolved?
In the event a lawsuit is filed, it is truly impossible to predict the duration of litigation particularly a large and complex litigation such as this one. Certain companies may wish to settle out early; others may wish to have their day in court. Our best guess is that any litigation will last from two to five years, perhaps longer.
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What does the litigation seek to accomplish? How will I benefit from the litigation?
In the event a lawsuit is filed, the litigation would likely seek monetary compensation for those injured by alleged discriminatory practices as well as systemic changes in the employment practices of the companies tailored to remedy the alleged pattern or practice of age discrimination. If the litigation is successful, the plaintiffs and any persons who opt in will be entitled to participate in any the relief obtained. There is a risk that writers age forty and over will not be covered by the lawsuit if they do not opt in.
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What experience do the lawyers have handling this type of litigation?
The lawyers representing the writers have established a Steering Committee to direct and manage the litigation. The Steering Committee is comprised of several attorneys including lead counsel Paul Sprenger, Steven Sprenger and Michael Lieder of Sprenger & Lang, PLLC, Washington, D.C.; Maia Caplan of Kator, Parks & Weiser, PLLC, Washington, D.C.; Dolly Gee of Schwartz, Steinsapir, Dohrmann & Sommers, LLP, of Los Angeles, California; Thomas Osborne of AARP, Washington, D.C.; and Daniel Wolf of the Law Office of Daniel Wolf, Washington, D.C. Together, the lawyers on the Steering Committee have more than 100 years of legal experience in the areas of employment and other complex litigation including record age discrimination settlements against First Union Corporation and Control Data.
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