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Varela
v. CBS, Writers Guild of America,
west
COPY OF THE CAMPAIGN FOR A COLORBLIND AMERICA LEGAL DEFENSE AND EDUCATIONAL
FOUNDATION'S OFFICIAL NEWS RELEASE FOLLOWS:
CAMPAIGN FOR A COLORBLIND AMERICA
LEGAL DEFENSE AND EDUCATIONAL FOUNDATION
www.equalrights.com
NEWS RELEASE
Campaign Blasts CBS for Giving Hispanics Half Pay Under Guise of Affirmative
Action:
Blacklisted Hispanic Writer Files Landmark Lawsuit Against CBS and Writers Guild
for $138 Million
April 13, 1999 Contact: Marc Levin, (713) 626-0943 or (713) 906-1833
Houston, TX - The Campaign for a Colorblind America today blasted CBS for running a
so-called "special access" program by which all Hispanic writers were forced
into trainee positions which paid only half of the writers' minimum wage that CBS
negotiated with the Writers Guild of America west (WGAw).
Migdia Chinea-Varela, founder of the WGAw Latino Writers Committee, has filed suit against
CBS and the WGAw for $138.6 million dollars under the Equal Protection Clause of the
United States Constitution and Title VII of the Federal Civil Rights Act.
Despite the fact that Varela had twenty years of writing experience and credits on such
well known programs as "Facts of Life, "Incredible Hulk," and "What's
Happening Now," CBS automatically relegated her and other Hispanic writers to
"trainee" positions that paid only half of the minimum wage for writers
specified in WGAw's contract with CBS.
Varela filed a complaint with the Equal Employment Opportunity Commission (EEOC) on July
6, 1994. According to Ms. Varela's testimony before Congress in October 21, 1997, after
the EEOC office in Los Angeles tentatively ruled that there was "cause," the
EEOC's files were "whisked away" to Washington, D.C. "due to the 'sensitive
nature' of her charges and the 'controversy surrounding affirmative action in
California.'" This shift came shortly after a communication between CBS and/or the
WGAw and the EEOC.
Following the EEOC's ultimate failure to act, Varela filed a class action suit
(No.98-10064JSL) in the Central District of California United States District Court
against CBS and WGAw on December 15, 1998. According to the suit, since complaining that
the so-called CBS "special access" program is discriminatory and filing her
grievance with the EEOC, Varela has been blacklisted by the Hollywood establishment. After
having received scores of assignments for nearly twenty years, she hasn't received a
single offer since filing her complaint with the EEOC.
Campaign for a Colorblind America Chairman Edward Blum stated, "This is a
groundbreaking case, as it is one of the first in which a minority has challenged an
affirmative action program. The Campaign for a Colorblind America is outraged that CBS
evidently subjected minorities to lower pay under the guise of affirmative action. This
case shows that, rather than creating 'special access' programs, governments and
corporations should simply treat all people equally without regard to race or
ethnicity."
Campaign for a Colorblind America Executive Director Marc Levin added, "We applaud
Ms. Varela for having the courage to stand up for equal employment opportunity."
The defense offered by CBS and WGAw is summarized in an April 6, 1999 letter from WGAw
lawyer Mel Reich. It claims, "Varela does not have standing to challenge the
affirmative action program since she is a member of the protected class."
However, Levin pointed out, "It is preposterous to argue that Ms. Varela should not
be able to challenge a program that discriminates against her and other qualified
Hispanics simply because the program's architects label it 'affirmative action.' While
CBS, WGAw, and the EEOC may believe that insidious wage discrimination on the basis of
ethnicity is permissible if it is billed as an affirmative action program, we are
confident that the courts will conclude that the CBS "half pay" program for
Hispanic writers violates civil rights law."
Although the Campaign for a Colorblind America seeks to raise awareness about this
landmark case, it is not involved in the legal representation of Ms. Varela. She is
represented by Scott D. Myer of the Myer Law Firm. He can be reached for comment on this
case at (310) 277-3000 or at [
sdm@myerlaw.com ].
The Campaign for a Colorblind America is a 501(c)(3) not-for-profit organization. Its
Board of Directors includes nationally prominent civil rights activists, social scientists
and legal scholars. The goal of the organization is to challenge race-based public
policies and educate the public about the injustices of racial preferences. Since 1993,
the Campaign has challenged racially gerrymandered voting districts and race-based
admission policies in public schools.
For further information regarding the Campaign for a Colorblind America's views concerning
this case, please contact Marc Levin at (713) 626-0943 or (713) 906-1833.
News Release reprinted with the permission of the Campaign for a
Colorblind America.
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