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Hispanic Screenwriter Who Contended That Paying Hispanics 1/2 of That Paid Non-Hispanics is Discrimination Has Filed a Petition for Writ of Certiorari to the Supreme Court of the United States.
9th Circuit Court of Appeals Panel in Unpublished Decision Had Upheld
Dismissal of Hispanic Screenwriter's Lawsuit Against CBS and the Writers Guild for Latino 1/2 Pay Program.

NOVEMBER 13, 2004, WASHINGTON, D.C./LOS ANGELES ― Notice was given today that the Supreme Court of the United States has placed on its docket on November 4, 2004, the Petition for a Writ of Certiorari in the matter of Migdia Chinea-Varela aka Migdia C. Varela v. CBS Broadcasting, Inc., et al., as Case No. 04-605.  Petitioner, Migdia Chinea-Varela, the Hispanic Screenwriter who contended that paying Hispanic Screenwriters 1/2 of that paid to non-Hispanic Screenwriters amounts to discrimination, filed her Petition with the Supreme Court on November 3, 2004, raising three legal issues, one of which is "Does paying a Hispanic screenwriter approximately one-half of the amount that is paid to those of other national origins merely because one is of Hispanic national origin amount to discrimination?"

This Petition was filed after a three Judge panel of the 9th Circuit Court of Appeals, on August 5, 2004, denied a Petition for Rehearing of their ruling in an unpublished memorandum decision, dated June 25, 2004, which had upheld the dismissal of the Hispanic Screenwriter's lawsuit against CBS (now an indirect wholly owned subsidiary of Viacom Inc.) and the Writers Guild of America, west, holding that the Latino 1/2 Pay Program did not amount to discrimination.

The most recent Complaint, on the case which had been to the 9th Circuit Court of Appeals once previously, had alleged discrimination and harassment against Hispanic Screenwriters by CBS and the Writers Guild, and also alleged retaliation by CBS and the Writers Guild and their officers Jeff Sagansky, Charles D. Segars, Frank Pierson and Brian Walton.

In filing her Petition to the Supreme Court, the Petitioner has made good on her prior vow to take this significant and important case to the United States Supreme Court, if necessary, which it has now become required by virtue of the 9th Circuit ruling.  Petitioner seeks to not only have her day in Court, but also to have the Court make the obvious holding, albeit overlooked by the lower Courts, that paying Hispanic Screenwriters 1/2 of that paid to non-Hispanics amounts to discrimination.


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Last modified:  Wednesday, February 22, 2006.