The Inclusion Movement: A Look at the #InclusionRider Outside of Entertainment
Are these riders, made famous in a speech by Oscar winner Frances McDormand, viable options outside of the entertainment industry?
March 05, 2018 at 05:36 PM
3 minute read
After Oscar winner Frances McDormand turned #InclusionRider into a buzz word overnight, the question arose whether a high-profile employee outside of the entertainment industry might seek a similar demand.
In the entertainment business, the inclusion rider is an effective means for a celebrity to ensure that more women and minorities are engaged on productions, according to Ivy Kagan Bierman, a partner at Loeb & Loeb in Los Angeles. Bierman focuses her work on employment and other business matters in the industry.
Bierman said she expects entertainment companies to negotiate an inclusion rider with language that includes a demand for “reasonable efforts” at diversity rather than specifying a specific number or percentage of diverse hires. “It will be interesting to see which companies embrace this,” she added.
Outside the entertainment industry, it's possible some highly recruited executive—a CEO or general counsel perhaps—could likewise try to insert diversity hiring goals into an employment contract.
Bierman said top executives in other industries are already “pushing for more diverse boards,” but she didn't know if any have negotiated a contractual commitment.
She thinks technology companies are especially vulnerable to diversity demands “given the gender parity problems in the tech business,” she said.
Ruth Wimer, a partner at Winston & Strawn in Washington, D.C., said certainly executives in other industries could seek such riders. “Maybe for the right kind of CEO,” she said. “You have to have the desire on the part of the executive.” Wimer focuses her work on executive compensation issues.
She said such a rider is not something one normally sees in an executive employment contract. Even if an executive does seek it, the movement “is not likely to be widespread,” she predicted.
Wimer pointed out that unlike an actor, who does not handle hiring, a CEO would already have the power to increase diversity at a company. The CEO also could have input into diversifying the board of directors, she said, without needing a rider.
On the other hand, a company could use a similar type of inclusion rider in contracts with partner companies and organizations. For example, Karen Roberts, the general counsel of Walmart Inc., recently described to Corporate Counsel how the retailer demands certain levels of diversity from the outside law firms it hires to represent the company.
Roberts also said Walmart has begun to expand those diversity demands to other suppliers of goods and services for which it contracts.
The inclusion rider was brought to the entertainment industry by the Annenberg Inclusion Initiative, with the help of Cohen Milstein Sellers & Toll partner Kalpana Kotagal, according to The Recorder, an ALM sibling publication.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllPreparing for 2025: Anticipated Policy Changes Affecting U.S. Businesses Under the Trump Administration
Employers Race to File NLRB Petitions to Gain Upper Hand in Union Organizing
5 minute readTractor Supply Co.'s Stock Takes Hit After Activists Bash Its Embrace of DEI
6 minute readTrending Stories
- 1Considering the Implications of the 2024 Presidential Election for Jurors in White Collar Cases
- 22024 in Review: Judges Met Out Punishments for Ex-Apple, FDIC, Moody's Legal Leaders
- 3What We Heard From Litigation Leaders in 2024
- 4Akin and Simpson Create New Practice Groups With Integrated Teams
- 5Thursday Newspaper
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250