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Not only did the over age-40 TV writers settle with ICM but also the old Broder Kurland Webb agency which ICM acquired in 2006. How much moolah did it take? The $4.5 million I reported, paid for by insurance. According to the consent decree filed today, the settlement talks over the 8-year-old age discrimination class action lawsuits began in November 2007 after both parties reviewed and evaluated demographic data including television writer employment by age, earnings, and studio and agency representation during the liability period. But here's what I really love about the consent decree: ICM must now provide training on at least a biannual basis to recognize and prevent age discrimination to all its personnel involved in screening potential TV writer clients. ICM even has to take attendance at each training session. ICM also has to pay $50,000 to sit on an independent task force to examine its representation practices, and to participate conditionally in a job relief program that will promote the top 25% of older TV writers based on script evaluations by a neutral panel qualified experts.
Wow, the agents are now the older writers' bitches. What a great day for Hollywood.
Especially now that 10,000 TV writers say they've "penned a happy ending" to the first of 23 class action age discrimination lawsuits by obtaining both dollars and programmatic relief designed to enhance work opportunities. 
Still unresolved are the other class actions in Los Angeles Superior Court against the major TV networks and production studios, including ABC, CBS, Disney, Fox, NBC Universal, Columbia, Warner Brothers and talent agencies Creative Artists, Endeavor, Paradigm and William Morris. Judge Emile Elias is expected to conduct a hearing later this year to grant final approval on the ICM deal. 
Class members may obtain claim forms from plaintiffs' counsel upon the issuance of the settlement notice, but monetary awards to class members will not be made until at least thirty days after the deadline to file claims and approval by the Court. The settled case, Edwards, et al v. International Creative Management, Inc. alleged that the more than 150 named plaintiffs and others like them - television writers who were aged 40 and older after October 22, 1996 - were victims of systematic age discrimination by talent agents, who aided and abetted networks and studios by refusing to represent and refer older writers for work at the production studios. "The settlement agreement with ICM provides these talented television writers with a fair resolution to their claims," said Steve Sprenger of Sprenger + Lang, lead trial counsel for the plaintiffs. "However, we still have a lot of work ahead of us to get these older writers the programmatic and monetary relief they deserve."
TV Writers in Ageism Lawsuit About To Settle With First Hollywood Defendant
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As a writer over 40 in both film & TV, I think this suit is ridiculous. It should never have been certified as a class action. When there are SPECIFIC INSTANCES of a writer clearly being discriminated against because of age, well then it’s time for that writer to get a lawyer – state law protects them & if the evidence is there, they’ll get satisfaction.
Before I sold my first spec, I spent years working as a paralegal for a class action firm. I left with the lowest possible opinion of this area of the law. The lawyers basically keep all the money; the members of the class get a voucher for a free donut if they’re lucky. Also, there is a thing called a ‘multiplier.’ I know all about this because it was my job to do the billing. On the theory that the lawyers might never have been compensated, when they do win, their hours spent (already inflated rates) are ‘multiplied’ sometimes by a factor of three. The billing is submitted to the court, which usually signs off on it without any fuss, and presto you have lawyers taking up to $1,000/hour off the top, before the supposed defendants get to split up what’s left over. Add onto that things like photocopying fees at $.75 per page…
Trust me, if you are an older writer who actually has experienced discrimination, this settlement will not change your life one iota. Enjoy the donut.
Here’s the website for the ongoing age discrimination case.
I’m sure your future lawsuit filing will be done pro se, then?
There are class action suits…then there are class action suits. I know the standards for tipping into the lawsuit were not frivolous–in my case, demonstrable harm and damage was clear, and I believe that was true for all of the named plaintiffs. This one has not been run by bottom-feeders. Frankly, they’re heroes (google Sprenger & Lang, for starters). And if this is the first of what I hope are a run of victories against the defendants (as appears inevitable), it will likely end up changing things far for the better in the industry.
This is after all a CIVIL RIGHTS lawsuit–discriminating against someone because of his or her age is legally the same as discriminating against someone for his or her race, ethnicity, gender, etc. If the agent and producer and executive class can be made to understand that when they think (or say!), “We’re not using him because he’s too old,” is legally the same as saying, “We’re not using him because he’s black,” this discrimination will skid-stop fast, and we’ll enter a new age in the entertainment business.
As for “newer” writers being more “in the know”: that is laughable, in this era. Once was the time when kids in some farflung hamlet bubbled up something new into the popular culture, and the adoption of it waved out into the rest of the teen segment. Today? We all operate on the same feed of internet-television-movies-news-ads-marketing-content-stuff—an overpowering wave of information that washes us all along at pretty much the same shared pace. Just because you text three times more than I do doesn’t mean yor’re ahead of the curve. It’s all out there. Overall, we know what everybody else knows—even if we don’t know every detail every time, or at precisely the same second. Just one small (yet huge) example: three generations–son, father, grandfather–wearing the same baggy t-shirt, cargo shorts, and sandals at the same venue. Back in the day, to re-coin a phrase, grandfathers looked like grandfathers, not like older versions of their grandsons. Things have changed forever. Nicely, we’ve all been included.
There is no bigger scam in America today than age/race/disability sensitivity training.
Some scared corporation fearing or settling a lawsuit gets in some person who would never get a job doing anything else other than flipping burgers in the real world to waste hours of every employee’s time just so they can tick a box.
It’s embarrassing to think people can be so stupid to think this is worthwhile.
i don’t understand why an agency is responsible on this. Agents don’t do the hiring. Agents “sell” their clients to the studios (to put it in the most basic terms). if the buyer isn’t buying what you’re selling, then it stands to reason, the seller will find something else to sell.
it’s not the agents fault. this is like blaming the car salesman who can’t sell an edsel.
40 ain’t the 40 it used to be, and 50 ain’t the 50 it was like when they were driving 1966 Mustangs around – in 1966! It isn’t the same anymore.
Not when the biggest grossing rock concert tours aren’t from the likes of Fall Out Boy, but Madonna (50), Bruce and the E Street Band (50 pushing 60)and the Rolling Stones (60 pushing 70).
So what next? Is there going to be anti-age discrimination seminars for 40+ actors as well? Yipeeeeeeee!
Obviously if older,wiser, more mature, talented writers are presenting better content, maybe wiser,older,more,experienced actors who can actually understand and perform the material will be needed to tap into the 100 million or so viewers out there who are dying for some kind of programming that isn’t stuck in the never ending world of studio executive high school anxiety mentality?
Naaaaaaaaaaaaaaaaaaaah!
Where’s the legal action compelling these bastards to hire new writers? To seek out fresh talent? If old fogies who’ve quite possibly lost their edge deserve compensation and consideration, what about us young upstarts – whose former multi-semester internships and screenwriting degrees from USC or UCLA don’t even get us read anymore, no matter how good our writing? Ageism and illiteracy among representation in this town don’t just cut one way.
Nothing will just spontaneously change for the better in this system, lawsuits or otherwise. Its brokenness profits just enough people enough of the time to keep it going. If it didn’t profit, if these shit retreads and adaptations didn’t make bajillions of dollars, then Grandpa Time and I would have a fair shake at scribbling livelihoods. Something like, I don’t know, the 70’s could happen, where people would have a ton of money and (not knowing where to throw it) pony up a bit of RISK on new talent and fresh voices.
Most if not all representation in this town ought to be sacked, tarred, feathered, then pilloried for their risk aversion and myopia – with their Blackberries dangling just out of reach. You are all at your best nothing but valued EMPLOYEES of writers, directors, and actors, not CREATORS of anything but paperwork – and you deserve to be shamed into doing your jobs, rather than paying terrified but ambitious young adults my age a pittance to suck your dicks and roll your calls until you get fired or promoted. Lawsuits won’t change that, and legislation never would either. Agencies and management companies don’t deserve all the attention Nikki gives them, not for what they’re (generally not) doing. Alas, no one holds these people duly accountable for the fear they’ve helped instill in the now-entirely-corporate business of making movies – because all that anyone cares about is making money.
Agree with the lawsuit, but also agree with Seth. Where’s the frickin HR department in this town? Can someone please tell me that?
I am so tired of the argument about having to spend so many hours a day in a room together as being the basis for current hiring practices. Like that’s not the case in other jobs across the country as well? This is just being used as a way to condone nepotism. And that’s the real problem in this town, above ageism, racism, and everything else.
Give me a frickin HR department to send my script and resume/credits and then who the hell needs agents in the first place?
Paul Sprenger and his Sprenger & Lang colleagues are ethical practicioners who have a distinguished history of scrupulously and successfully representing plantiffs in class action employment discrimination cases. The Sprenger firm does not deserve to be a target of Sujata’s carpet bombing criticism of law firms that specialize in class action civil suits.
What I will love is when all the old writers get their scripts read because of this nuisance suit, and their employment percentages don’t go up at all.
Agreed Seth.
Content is King, and it should be revered accordingly. That’s not to say the script trumps all, but it all starts on a page. I think far too many people conveniently forget this fact while basking in their own self-importance. Seth describes individuals that are guilty of thinking making/taking phone calls and signing/writing checks are prestigious roles. They may be paid rather prestigious sums, but these people are little more than middlemen. They merely act as matchmakers or facilitators, and are quite often hangers-on necessitated solely by the industry’s nebulous obstacle course.
Seth — I’ve blogged about this, but here it is (why Hollywood just can’t produce good content).
No middle class.
Once upon a time, Hollywood was made up of mostly middle class writers (and yes even producers and directors and actors, most of them). There were stars, actors, directors and a few big time producers. But most people in Hollywood lived (upper mind you) middle class lives.
They did not do drugs (the Seventies Snowstorm epidemic wiped out a whole generation of creative people). They did not have so much money and acclaim for workaday efforts that they were socially isolated from their customers to the point where their values were radically different and opposed to that of their customers.
To the extent that older writers are more socially connected to middle class values (because that’s who the customers are, not uber-cool Malibu dwellers and those who aspire to be them), out of their lives being mostly spent as middle class people, they are more valuable than younger writers wanting to be part of the cool crowd and influenced by the social attitudes of the Hollywood bubble.
To pick a name out of a hat, in 1961, a guy like Steve Soderbergh would be totally unknown outside of Hollywood, living an upper middle class life and associating outside work with the lawyers, accountants, dentists, insurance salesmen, and real estate brokers who would be his audience and his neighbors. His work would be overall, better because he’d know intimately the social attitudes and desires of people he interacted with every day, on set and off (the actors, directors, and technical people would also be middle class). He might not have a Sex, Lies, and Videotape, but he wouldn’t have made a Good German, or Solaris either. You’d get the Limey, Erin Brockovich, and Out of Sight with the Ocean’s movies.
[I used Soderbergh because the Limey was IMHO a truly great film, solidly middle class in attitude and beautifully crafted in all aspects, without "stars."]
I’ve visited the Sprenger firm’s website and reviewed the Pleadings they’ve posted. Interesting that none of the documents detailing how they will be compensated are included. Yet they are in the docket.
Judging by your writing, I’d recommend returning to the field of Paralegaling… “Good Luck in all your future endeavors”
Good God Sujata are you life experienced dim? You want myself and every other seasoned working discriminated against artist to put up their home to open a lawsuit to begin to pay the $200,000 startup costs and never get to a trial for the lack of additional money just to protect themselves from age discrimination and wilful exclusion by agents for representation because the studios and networks require it to be read by a script reader? The following is a normal Agency remark given to all who apply over the age of 30 as hey kick your ass out the door. Agency assistant parting remarks to non client seeking representation after a token appointment. “Look let me be honest with you, I’m Sorry we aren’t interested in representing you because 1. All agents have to agree to “take you on.” 2. You haven’t sold anything in the last year. 3. we have one of you, 4. one that looks like you, 5. one our Disney Clients will might see/read who isn’t over 30. 6. As a bonus to cover our diversity issues, the writer we have signed is sexually perfect, and will continue to cover our ass when our writer desides his/her sexual gender and can prove their Native American heratige as well and the DMV assigns them their Placard. We are so happy with “it” because we will finally have our quota covered. Oh, Did I mention “It” has grecian formula challenged hair?” Thanks for being on time to our one available appointment scheduled online every six months completing our annual HR requirements. Did I mention I really enjoyed watching your last TV show on DVD, hope your agent got paid their 40 cent commission. It all adds up you know.” So mindless dick head, It is the same for actors with single spaced Resumes listing starring and guest starring credits, women over 37, performers with disabilities deserving to be hired and to you and the other dick head who’s answer to the crap that has gone on and on for the last 40 years…You go to court alone and bleed your social security parents dry. Grind yourself in a Vita Mixer, you pea brain. The parting last pitch to the powerless assistant. Writer. “Oh did I say I wrote great Dialongue and could do punch up for your 20 year old writers and make them look good, increase ratings and audience online voting to remain on the air? Agent: Get your car out of our lot bud.! Beat it or I will call security! That is my comment to you and anyone else who is so stupid and humanly igornant in the civil right violation of others as to recommend people destroy their lives by going to battle alone without a lawyer or the 22 law firms now battling the Billion dollar giants without ethics and spending their stockholders savings to squander on their 400 lawyers plus hired to delay a simple executive job. Which is order their companies to follow the law, make money and build a business of value which includes valuing those they work with. I invite you to Limp in my shoes as I go to the funerals of the great writers who have already died waiting for justice or who have lost everything, who continue to write, who will never be allowed to even write for news papers, throwaway rags or even the recycler except to sell their last possessions for pennies on the dollar just pay for doctors, food or medications to stay alive because their blood pressure have blown their veins. When did you last apply to Hollywood Video for a highschool job to pay utilities? You need a course in what is to be human concerned about anothers well being. Honest Abe on Altace
Guys, please. It’s a freelance business and a meritocracy. We are entitled to nothing. Imagine a class action suit of novelists whose unpublished works were rejected by publishers… must be age discrimination! Give me a break.
I might add that agents are not the gatekeepers. I don’t have one. I turn down more work than I can handle in features (and some TV) and guess what, I don’t live in L.A. I agree with the poster above – agents don’t hire writers anyway! Agents are EMPLOYED BY writers and they serve us at our pleasure.
Class action lawsuits serve notice that some things are not acceptable in society, be they tainted pharmaceuticals, toxic waste, exploding auto gas tanks, oil spills, or age discrimination. It’s hard to get litigation certified as a class action (as opposed to, say, getting an indictment from a Grand Jury, which is practically a rubber stamp). So let’s stop grousing about ICM and let’s see if other power brokers examine and correct their own prejudices. Ageism is when it’s about the person, not the product; it’s wrong, and now there’re damages for doing it. Proof of whether a script is worth considering should be what the writing looks like, not the writer. There are doubtless just as many 20-something hacks as there are 60-something hacks; the issue is whether decisions are made based on the person or on the material and, more to the specifics, whether people over a certain age are even being given the opportunity to submit material. I think the real concern is not whether an older writer is any good, but whether a younger writer is any better, and whether the production executive knows the difference. A show runner for a dramatic series writing on an earlier thread said (I’m paraphrasing) that the reason a script gets turned down is because it sucks, and stop complaining. At first I was offended by his statement, but then I realized that at least he reads stuff and judges it on its merits. The question becomes whether a script from a 20-something automatically sucks less than a script from a 60-something because of issues that have nothing to do with the quality of the script (or, ahem, the sucking). Perhaps it comes down to the old comment, “This is the worst script I’ve ever read — unless Brad Pitt wants to do it.” Quoting William Goldman — who is over 60, by the way, and as sharp as ever — “nobody knows anything.”