Netflix filed a motion to have Mo’nique’s lawsuit against them tossed, but a judge denied the motion.
The legendary comedian filed the lawsuit against the streaming service in November 2019 for racial and gender discrimination because she was offered a measly $500,000 for a comedy special.
The Academy Award-winning actress argued that her male counterparts, Chris Rock and Dave Chappelle received $40 million and $60 million, respectively. Amy Schumer was offered $11 million before her payout was upped to $13 million.
Judge Andre Birotte Jr. ruled in favor of the 52-year-old saying, “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 decision also noted that Schumer was able to negotiate her pay rate after pointing out Chappelle and Rock’s compensation. Sadly, The Parkers star wasn’t granted this privilege.
“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.”
Mo’nique hasn’t given her “lovelies” an update on this ongoing battle, but her attorney, David deRubertis, is content 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. 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.”
Mo discussed her battle with the streaming giant on The Steve Harvey Show. Check it out below:
