Discrimination lawsuit against ‘SEAL Team’ writers moves forward after judge rejects CBS’s dismissal bid
A U.S. District Court judge has rejected an attempt to dismiss a lawsuit filed by a former member of the SEAL Team writing staff, who alleges he was denied jobs and employment opportunities in favor of less qualified applicants from “preferred” groups, i.e. non-whites, LGBTQ people and women.

In his ruling on Wednesday, Judge John F. Walter rejected CBS’s motion, saying “the Court concludes that the issues raised by Defendants are more appropriately resolved by a motion for summary judgment” rather than oral argument. The court put the jury trial on hold.

Brian Beneker, a former script coordinator and freelance writer for CBS’ procedural show, filed the civil lawsuit in February in the Central District of California. Beneker, a white man, claims he was not hired or promoted “due to his race, gender, and heterosexual orientation,” citing in his argument an “unlawful policy” of diversity, equity, and inclusion measures.

“This balancing policy has created a situation where white, heterosexual men require ‘additional’ qualifications (including military experience or prior writing achievements) to be hired as screenwriters compared to their non-white, LGBTQ, or female counterparts who do not require such ‘additional’ qualifications,” the filing states.

The lawsuit seeks $500,000 in intentional lost wages and “an order requiring Defendants to provide Plaintiff with full-time employment as a producer.” The lawsuit also attracted the attention of the nonprofit America First Legal Foundation, led by Donald Trump senior adviser Stephen Miller, which co-represented the indictment.

CBS Studios and parent company Paramount Global, which are named as defendants along with CBS Entertainment Group, filed a motion to dismiss in June, arguing that the First Amendment allows CBS to select writers who are “best suited” for its programming.

Holding CBS liable for failing to hire him “would prevent CBS from hiring storytellers who CBS believes are best suited to tell the stories CBS wants to produce and broadcast,” their motion states. “Relief for Beneker would undermine CBS’s ability to speak for itself.”

A summary judgment date has not yet been set.

SEAL Team’s seventh and final season premieres Aug. 11 on Paramount+