I have never made the Motions that were submitted for Summary Judgment public. Eventually, I will have to, but for the time being, here is a table chart I created to serve as an exhibit to the Reply of my Motion for Summary Judgment, submitted on January 31, 2013.

I have always argued that I — the only Af. American employed at any level of William Morris’ Agent Trainee program in New York City — was significantly more qualified than majority of the Whites/”Jews” that I worked with. Of course, Loeb & Loeb LLP argued the opposite in their November 6, 2012 Opp. for Summary Judgment…but they never submitted any evidence (e.g. resumes) to support their claims, thus failing to sufficiently meet their heightened burden of production and persuasion concerning this particular issue. As a result, I created this table chart to show the difference in qualifications between myself and my similarly situated white/”Jewish” counterparts that were also hired into the company’s Agent Trainee program in September of 2008 since we initially agreed that the case would be decided by Arbitrator David L. Gregory entirely by motions for summary judgment, without the need for discovery or an oral hearing.

It is clear that my qualifications are superior. Early on in my preparation for this case, I found case law, in which the Eleventh Circuit once stated that “pretext can be established through comparing qualifications only when ‘the disparity in qualifications is so apparent as virtually to jump off the page and slap you in the face.’” Although the Supreme Court rejected that standard in Ash v. Tyson Foods Inc., 126 S. Ct. 1195 (2006) as being “unhelpful and imprecise as an elaboration of the standard for inferring pretext from superior qualifications,” it doesn’t change the fact that you should still be able to feel the imaginary sting of five fingers hitting your face after looking at the disparities in our qualifications. Majority of those hired into the Agent Trainee program are recent college graduates, with little to no experience working in the entertainment industry. If the company is NOT conscious of race when making employment decisions or intentionally violating the Civil Rights Act of 1964, how could I have been the ONLY African American employed at any level of the Agent Trainee program in NEW YORK CITY…in the same year that our nation elected its first President of color?!?! Someone, please explain. I’m begging for insight and clarity.

Although I moved for summary judgment, the Defendants actually got to submit the last brief. They did not dispute anything stated in the chart, nor did they produce any evidence to disprove the fact that I was considerably over qualified to be hired as an Agent Trainee. Although William Morris claims they hire and promote based on merit, this is nothing more than a lie. African Americans and people of color do not have an equal opportunity to be hired and/or promoted to Agent or other meaningful positions throughout Hollywood. Just imagine if I were white/”Jewish” with the same qualifications. If the company’s hiring and promotion decisions weren’t already tainted with racial bias, do you think Human Resources — who are not required to be knowledgeable of antidiscrimination law upon being hired —  would have then been able to recognize that my qualifications were significantly greater than those historically hired into William Morris’ Agent Trainee program ? And should Loeb & Loeb LLP have been allowed to continue raising this frivolous argument when the resumes were exclusively in their possession and they intentionally chose not to meet their heightened burden of production and persuasion? Does this constitute scienter?

Also, if what I am saying is not true, why would William Morris’ New York office hire five African Americans in July 2010 — a month or two  after being notified that I’d filed a complaint with the EEOC — when in the first year of William Morris Endeavor Entertainment, they hired zero?  Is this “due to chance”? Without the need for a statistician, what does your intuition tell you?