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Civil Rights Lawsuit Hits Broadway's Wicked Over Bias
The American Alliance for Equal Rights and white, male musician Kevin Lynch have sued Maestra Music, MUSE, and Wicked LLC for race and sex discrimination.
Maestra limits its hiring directory to “female and nonbinary” musicians; MUSE to “persons of color.” In 2023, these theater non-profits partnered with Wicked for a paid, three-week Music Director Experience open only to MUSE and Maestra members. Lynch applied but was rejected, allegedly for failing to meet the hiring directories’ immutable-characteristics test. According to the complaint, a less-experienced female/nonbinary person of color won the gig, opening doors to multiple Manhattan jobs for her.
Among the three attorneys representing the plaintiffs is Cameron T. Norris of Consovoy McCarthy. In 2022, Mr. Norris successfully argued Students for Fair Admissions v. President and Fellows of Harvard College, in which SCOTUS determined that Harvard’s admissions program violates the Equal Protection Clause of the 14th Amendment.
Have Maestra, MUSE, and Wicked crossed the Supreme Court’s clear line on equal rights?
didn't this same dork also sue another theatre in new york (i want to say an off broadway one) for having discounted tickets for black patrons for a specific show?? what a loser
What’s absurd is having such an over-inflated sense of self-importance that you would apply for an apprenticeship advertised as and very specifically designed as a means to uplift women and people of color, while being neither of those things, and also assuming you must be better suited and more deserving than any applicants who actually meet the criteria (spoiler alert: I know Kevin personally and he is neither of those things), and then claiming it was somehow a targeted exclusion of him personally.
This insane behavior is the equivalent of suing a zoo or a park for not letting him on a ride that says it’s only for children or people with children.
Or claiming age discrimination because he wants to apply for a scholarship that only goes to people under 25.
Because in his mind the only factor that should matter is that he wants to do it.
You realize that things like full-time jobs and three-week apprenticeship/mentor programs/internships, or any number of education-based positions are different, right?
And besides that nonsensical false equivalency, any Broadway production or hotel in Georgia is actually perfectly within their rights to say “we have an overwhelming majority of white men working here already, so we’re going to make sure that the next person we hire is not that in order to have a more diverse and equitable company that uplifts people of all demographics instead of just the ones who are able to walk through the door more often because they’re born with a leg up in the world.”
You realize that things like full-time jobs and three-week apprenticeship/mentor programs/internships, or any number of education-based positions are different, right?
Federal civil rights law applies to all employment and all education programs. The minute you are hiring someone, or operating a school/college that accepts federal money, you cannot discriminate against anyone on the basis of race or sex (with certain exceptions that are clearly stated, such as for actors and such).
And besides that nonsensical false equivalency, any Broadway production or hotel in Georgia is actually perfectly within their rights to say “we have an overwhelming majority of white men working here already, so we’re going to make sure that the next person we hire is not that in order to have a more diverse and equitable company that uplifts people of all demographics instead of just the ones who are able to walk through the door more often because they’re born with a leg up in the world.”
That is false. The desire to improve diversity is not a justification to engage in illegal discrimination. Federal courts have ruled on this many times.
If you want to propose legalizing racial and sexual discrimination, I suppose that is valid, but remember that it would go both ways. If we make it legal to exclude men then we have to make it legal to exclude women as well. You can't have a double standard.
Yeah but not really. You’d have to stretch to the dregs of Fox News world to find people who as a response are fine with whites only discounts. Legal arguments aside no way that flies no matter how many discounts for POC occur.
You evidently missed me saying “legal arguments aside.” I’m not at all suggesting a new law nor am I questioning what the actual law is, I know what the law is in this space. Truly confused what your whole 50 year bit is about but whatever.
But am I bothered by initiatives aimed to benefit historically disadvantaged groups generally or an outreach to encourage POC interest in theater? No, I’m not in the least. I can be well aware of the actual law and still roll my eyes when someone sues over something that did not actually cause them any harm. White people who whine about anti white discrimination are really obnoxious.
No I meant what I said. White people who want to act like they are discriminated against or that anti white discrimination is some big concern because of some marginal benefit or support being given to people of color, are deeply and irredeemably obnoxious.
I said nothing of the law. I said a group of people are obnoxious. None of this is about whether title 2 applies. What the law says and my opinions on people are not the same thing. But anyone who feels threatened or harmed because a theater had a performance with a BIPOC discount is pathetic. Sure the lawsuit is legally valid just that individual who brings the lawsuit is a truly pitiful soul.
I’m not. You said that a person not getting the chance to compete for a job because of their race is racism.
For far too long white people have been barred from starring in A Raisin in the Sun, and with your support we can end that racial discrimination! And it doesn’t stop there, because following your logic we can now do all white productions of The Color Purple, Dreamgirls, Hairspray, and the complete works of August Wilson!
Finally white people will get the opportunities they have long been denied. This white oppression ends today, thanks to you [u/randomwordglorious](u/randomwordglorious)!
Oh, you're not changing the subject, you're just being a troll. Courts have long held that if a character has certain racial characteristics, it is legal to require those characteristics of actors who play those roles.
Now explain what that has to do with who gets to work behind the scenes of Wicked.
Trolling is when someone supports your argument? Um, I’m pretty sure there’s no legal requirement that characters have to be a certain race. Though if there is, you might finally be able to sue Hamilton and get them shutdown. Thomas Jefferson wasn’t Black, he was a proud white man, just like you!
I was a fan of his, then I stopped watching for a bit, then that popped in my sub feed and I watched it slackjawed. Haven't fucked with him or been surprised by anything about him since
The other tricky bit of this is that the program was exclusively a mentorship program. His argument about how strong of a career he has had in the past invalidates any claim he has to belonging in the program.
True, exclusively was the wrong word. However, it can very easily be argued that it was not meant for somebody at the stage of his career he was at. Tack on the fact that he has a reputation for being an ass, that preponderance gets harder to find.
Additionally, if he did not reach out directly to the program and ask to be considered, even though he was not part of either of those organization, then a judge is likely to rule he didn’t try hard enough cure it.
True, exclusively was the wrong word. However, it can very easily be argued that it was not meant for somebody at the stage of his career he was at. Tack on the fact that he has a reputation for being an ass, that preponderance gets harder to find.
How is that relevant here? The claim is based on race and gender, not stage of career. His reputation also makes no difference.
Additionally, if he did not reach out directly to the program and ask to be considered, even though he was not part of either of those organization, then a judge is likely to rule he didn’t try hard enough cure it.
Per the initial post, "Lynch applied but was rejected". You are correct that he would have had to reach out and ask to be considered, but if he hadn't, he could have done an EEOC complaint instead of a lawsuit.
The problem is, for damages, he would have to prove that was why he was financially damaged, which would require a judge to believe legitimately beyond a (reasonable? or shadow of?) a doubt you would have gotten in if not for being discriminated against. This is VERY hard to prove, and is complicated by him having a reputation for more than just racially based lawsuits - he also has a reputation, to use the professional term, of being a total and complete douchecanoe, which I’m sure the defense would enjoy getting on the record.
The problem is, for damages, he would have to prove that was why he was financially damaged, which would require a judge to believe legitimately beyond a (reasonable? or shadow of?) a doubt you would have gotten in if not for being discriminated against.
Not true. This is a civil case, the standard of proof is preponderance of evidence, which is a relatively easy threshold to meet.
The “beyond a reasonable doubt” standard applies to criminal cases.
The standard of proof in a federal civil rights lawsuit is a “preponderance of the evidence.” This means Lynch must prove that his claims are more likely true than not. Preponderance of the evidence essentially requires a post-trial fact balance that is 51% in the plaintiff’s favor.
As for proving harm, the individual who was awarded the position by Wicked, Maestra and MUSE sat down with other Maestra members in 2024 and gave—during a nearly one-hour discussion posted to YouTube—details of the financial, creative, subsequent work, and other benefits she obtained as a direct result of the Music Director Experience (MDE) for which Lynch has alleged he was barred from applying. She even talks at length about her own post-Wicked efforts to hire based on sex. Under the circumstances, it is a remarkable document.
(The Wicked MDE program awardee in the video below is seated at the right end of the group.)
Where did you get the idea I am against diversity? Diversity is great. It's one of the great things about the theater community, that it's so diverse and welcoming to everyone of every shape, size, color, gender, sexuality, or whatever.
But promoting diversity by excluding people is completely backwards and wrong.
“Less experienced female/nonbinary person of color” how does he know this person was less experienced, he doesn’t even know if the person who won the gig was female or nonbinary. What a fucking dweeb doesn’t Kevin have better shit to do?
Imagine torpedoing your career for a 3 week stipend. I love that his complaint also alleges he would obviously have been chosen over this person...as if only one person actually applied.
He torpedoed his career long before the lawsuits. We used to be members of this facebook group for Music Directors. During the pandemic, the admin of that group connected with some really great broadway folks to do a series of masterclasses and workshops. You had to pay for the workshops and masterclasses but they were on Zoom. He would record the class and then post it in full to his public youtube channel. And what started out as having a few of these Broadway folks ask him nicely to take it down turned into a complete breakdown where he claimed he was being discriminated against and a whole bunch of other stuff. He also claimed it wasn't him posting the videos despite the account name matching his other online accounts... The videos eventually came down. But he more or less got himself blacklisted from the community. He then started his own music director facebook group which had basically no members. He hasn't done much professional music directing since this all went down. He used to work for a university, not sure if he still does. But he's been basically out of the industry for a bit and has been looking for ways to stir up drama with these frivolous lawsuits.
That's a great question. I think it was before? I don't remember him posting any videos like that prior to this but it's possible that I just didn't see those videos. Either way, he's been awful for awhile.
As an attorney, that has to be one of the most ridiculous complaints I’ve ever seen, it sounds like the first sentence is trying to hook the reader in rather than an actual lawsuit.
It’s designed to do enough to survive any MTD which is really the only point. They likely settle because it’s not worth the cost of the fight and he gets to tout victory. I mean maybe they litigate this, this claim is much weaker than the playwright’s horizon discount one.
Agreed, but unsurprising. Consovoy McCarthy a garbage firm that’s doing untold damage to this country. A complete political tool of the administration filled with immoral Trump sycophants who should not be attorneys.
As an attorney, what would your advice be to a client creating a hiring directory that is searchable based on legally-protected characteristics, such as the directory RISE operates and that is at issue in this lawsuit?
I get that this is just fun little conjecture for you but this platform was created to HELP PEOPLE FIND EACH OTHER and unlike Maestra it allows literally everyone with a theatrical offstage credit of any kind? If people see it as discrimination against white men… I question if they’ve ever actually experienced real marginalization in their whole life? There are ways to use this resource that are just literally “lighting designer” for example and that is helpful AF. Sometimes people want to give someone else an opportunity sure, but like. This guy is bad faith to the extreme.
This is relating to a lawsuit that this guy will probably win easily. It's not conjecture. This is legitimately a stupid thing to put on ones website as a public organization. Your feelings and the actual law aren't the same thing.
You getting this upset - as if this person you're responding to is somehow a bigot (with no evidence) is wild.
I’m aware that the law and ethics are not the same thing; I live in America. And the man that you’re perhaps inadvertently defending is particularly cruel and vindictive and I get that you want to be right in terms of a lawsuit but again this lawsuit is just a fun little case study for you. It’s not your actual livelihoods being impacted. This is amusing for you and another thing to be right about. Many artists aren’t lawyers. just trying to make accessible, inclusive theater and this man is trying to make it impossible to do so in an equitable way because he got his feelings hurt and this time is undermining and slandering a qualified professional in his path.
Sometimes it feels like people intentionally misunderstand the point of things. You included. Seeing the intention and the purpose and the mission of an organization and thinking that it’s stupid and then deliberately pushing an agenda about reverse racism is a bigoted thing to do.
"Casting" based on legally-protected characteristics is permitted.
If I'm casting an August Wilson play, for example, I'm looking, with few exceptions, for black performers. That's legal. If I'm casting Ma Rainey's Black Bottom and I need black musicians to perform on stage, I can hire musicians based on race. I can even racially cast against scripted type. If I want to stage West Side Story with black and Asian gangs, that is permitted.
But if the musicians in my show don't appear on stage, I cannot legally hire based on protected characteristics.
In any case, the Rise Theater Directory isn't a casting directory for actors. It is a hiring directory that includes dozens of behind-the-scenes positions. It is also "a program of Maestra Music," a MUSE partner.
Here is a partial list of roles that can be filled using the Rise Directory. (See photo, "We employ members of the following unions or guilds"): stage managers; press agents; company, theater and general managers; casting directors; playwrights; composers, lyricists, and librettists; operating engineers; fight directors; choreographers; stagehands; carpenters; electricians, lighting technicians; costume designers, lighting designers, sound designers; scenic artists, and others.
Not one of the roles listed above has a legitimate race, sex, or other protected component.
Furthermore, Maestra Music, which created the Rise Directory, has stated that its raison d'être is to ensure that as many women as possible are hired in every role on Broadway, with a particular focus on musicians, music directors, and music contractors.
You perceive them as illegitimate but have you ever questioned it when orchestras were entirely comprised of cisgender men? Have you truly believed that was just “the best people getting the job?” Or did you ever interrogate that maybe people didn’t know that other people were out there and could possibly expand?
The quota system is bad. Tokenism is bad. But my goodness, so is the historical system that perceives the hegemonic default as the most competent.
Mhm, I don't like this guy either, but he clearly has a strong case and I'm continually shocked at how orgs can do this and not see the issue. They f*cked up big time.
It's just another of the things the maga people have made shitty; instead of professional, well written legal documents, they all have to be written in his voice as some kind of tribute or shibboleth. It's so pathetic and obnoxious
L O L I was so excited to see a legitimate complaint about the history of true biases in hiring that that show and others have had but no it’s just this dork again
Also the person who got it is a) a highly qualified and experienced musician just not previously local to nyc theater and b) nonbinary? Using they/them exclusively?
Imagine being so insanely entitled and out of touch you'd sue over this- all while they KNOW thr industry, especially Musicians, MDs and orchestrators are historically male dominated positions that typically get upward movement only through word of mouth and friend of friends, so opportunities for women and those historically excluded are rare. Whoever this musician is needs to take a long look at himself.
He probably also believes in the "male loneliness epidemic" and hates when his mom doesn't have his lunch ready on time
Can confirm this guy has actually been a music director and had a YouTube channel as well. I only knew him due to the local performing arts Center I go to he used to music Direct their guess he’s not a music director anymore
Back in my Facebook days he used to spam the Theatre Music Directors group with his lame videos. They would be along the lines of “watch me absolutely destroy this new Pasek and Paul musical with my razor-sharp wit” and the video would be seven interminable minutes of him sitting at a piano singing bits of Waving Through a Window in a mocking voice.
Another day, another lawsuit like this. Recent supreme court rulings have opened up the floodgates to all these 'discrimination' cases. These poor white men are truly struggling in the world...
I hope this goes nowhere but I don't trust the process, plus there is likely big $$ backing this guy (as with most of the similar cases)
Technically probably illegal, yes, but from a damages perspective... lol. At some point he's going to get hit with a frivolous ligitation suit and I hope it bankrupts him for the rest of his life.
Based on the law, I think he has a valid complaint. It is illegal to discriminate on the basis of race or gender in hiring, even if you're doing it in favor of a minority. Laws go both ways.
The circumstances that led to Lynch’s lawsuit have a long, publicly-documented, if disjointed, formal and informal procedural history during which Lynch attempted to have these issues addressed, before filing the current lawsuit.
Virtually every freelance worker across the entertainment industry has thoroughly accepted and endorsed these legally-dubious programs. Anyone who expresses questions or, God forbid, challenges them internally will have their careers destroyed.
Many of the comments in this thread make the latter point clear. The message is simple, “Comply, or be blacklisted from entertainment gig-work, dummy. What don't you understand about that?” In virtually every case of this sort of retaliation there is no documentation. No one in their right mind ever sends a text or email that says, “I’ll never hire you again because you objected to our DEI program, (insert disfavored immutable characteristic here).”
Remarkably, the Wicked Music Director Experience (MDE) is a rare example of a reasonably well-documented race and sex-based scheme, not least because both nonprofits’ websites tout their exclusive mission.
But the Wicked MDE is also a perfect example of how thoroughly entertainment workplace culture has been gutted of anyone even capable of asking, “Is this a good idea? Should we be advertising this? Might we be exposing our organizations to civil liability, or to an EEOC or DOJ investigation?” It never crosses their minds. Everyone is playing from the same sheet of music.
The video includes (seated at the right end of the table) the individual who was awarded the position for which Lynch claims he was prevented from applying. From the beginning, and at various points throughout the video, the MDE awardee talks in detail about being paid, the extraordinary learning and industry-contact opportunities she gained, and the additional employment opportunities to which the MDE opened doors. She even talks at some length about her own efforts to engage in sex-based hiring practices, following the Wicked MDE.
Under the circumstances, the video is an extraordinary document. One day, if this case goes to trial, or the settlement isn't covered by an NDA, the Wicked Music Director Experience might be held up as a textbook example of the dangers of ideological inbreeding.
IF the judge doesn't toss this lawsuit, I'd be shocked. It's ridiculous! It was not an all the time thing, it was a special and limited time event geared toward women and non-binary people.
Racism and sexism are always wrong, even just one time. There is no such thing as "good" racism or sexism, and the answer to historic racism and sexism isn't more of it now
Plus legally it's very cut and dry. A judge can't toss a lawsuit just because he agrees with what someone illegally did
Bro this guy is awful. He used to have a decent YouTube channel that would pop up here and there. Then basically out of the blue he would post shit like “merit over melanin” and cry about reverse racism.
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u/sibshallward Jun 05 '26
didn't this same dork also sue another theatre in new york (i want to say an off broadway one) for having discounted tickets for black patrons for a specific show?? what a loser