Netflix Loses Move to Dismiss Mo’Nique’s Racial Discrimination Lawsuit

Mo’Nique will proceed with her lawsuit against Netflix, which she accused of racial discrimination.

Recall that the actress-comedian had felt insulted by Netflix’s offer for a comedy special. Her reps pleaded with Netflix to reconsider a “racially and gender biased offer” and asked, “What makes Mo’Nique, who has been labeled a living legend based on her awards from around the world worth $12,500,000 less than Amy Schumer to [Netflix]?”

Netflix refused to reconsider, prompting the comedian and her lawyers to take the matter to the court.

Netflix later filed a motion to dismiss the lawsuit, but U.S. District Court Judge Andre Birotte Jr. ruled recently, per THR, that:

“Mo’Nique plausibly alleges that, after she spoke out and called her initial offer discriminatory, Netflix retaliated against her by shutting down its standard practice of negotiating in good faith that typically results in increased monetary compensation beyond the ‘opening offer’ and denying her increased compensation as a result. Accordingly, Plaintiff has sufficiently alleged that Netflix’s alleged failure to negotiate and increase her ‘opening offer’ by straying from its standard practice are employment actions that are ‘reasonably likely to adversely and materially affect an employee’s … opportunity for advancement in … her career.'”

The ruling continued:

“The Court notes that Mo’Nique raises a novel theory here, namely that an employer’s failure to negotiate an ‘opening offer’ in good faith, consistent with its alleged customary practice which typically leads to increased compensation, constitutes an ‘adverse employment action’ for purposes of a retaliation claim. While Netflix argues that the novelty of Mo’Nique’s claim and the absence of on-point legal authority for it should bar her retaliation claims outright, the Court disagrees.”

Reacting to the update, Mo’Nique’s lawyer David deRubertis said he was pleased with the ruling.

“Today’s ruling is an important victory for Hollywood talent who, just like all other workers, need protections against retaliation if they raise concerns about pay discrimination during the hiring process,” he said. “Employers in the entertainment industry need to take pay discrimination concerns seriously, fix them if the concerns have merit, and never retaliate against those who have the courage to speak up about equal pay.”