Federal lawsuit challenges 'Wicked' diversity hiring under 42 U.S.C. §1981
A white male composer barred from a paid diversity apprenticeship at Broadway's 'Wicked' has sued under 42 U.S.C. §1981, state, and city human rights laws, not Title VII. The case is brought by Edward Blum's American Alliance for Equal Rights (AAER) — the same activist behind Students for Fair Admissions — and threatens to dismantle voluntary diversity pipelines in the arts.
The American Alliance for Equal Rights (AAER) filed a federal lawsuit in the Southern District of New York on behalf of composer Kevin Lynch, who was ineligible for a paid three-week 'Music Director Experience' apprenticeship with Broadway's 'Wicked' because the program restricted eligibility to people of color, women, and nonbinary individuals. Contrary to initial reports, the complaint does not invoke Title VII of the Civil Rights Act of 1964. Instead, it alleges violations of 42 U.S.C. §1981 (the Civil Rights Act of 1866), the New York State Human Rights Law, the New York State Civil Rights Law, and the New York City Human Rights Law. This is a narrower statutory attack — §1981 prohibits racial discrimination in private contracts, not sex discrimination — which means the lawsuit's reach over gender-exclusive programs may be weaker, but its theory against race-exclusive programs remains potent.
AAER is not the same organization as Students for Fair Admissions (SFFA), which overturned affirmative action in higher education. But both are creations of conservative activist Edward Blum, who serves as president of each. This lawsuit is thus part of Blum's broader campaign to eliminate all race-conscious measures, from college admissions to employment pipelines. The suit also names two nonprofit music directories — Maestra Music and MUSE — that operate job boards exclusively for marginalized groups. If the court accepts AAER's reading of §1981, it could outlaw not just this apprenticeship but a wide swath of industry-level diversity initiatives — internships, fellowships, hiring pools — across theater, music, and beyond, chilling voluntary efforts to address historic underrepresentation without any congressional mandate. The DOJ Civil Rights Division should track this case closely; a ruling against AAER would preserve space for private and nonprofit diversity programs, while a win for AAER would open a new front in the dismantling of civil rights infrastructure.
The humanitarian alternative
Arts organizations can legally pursue diversity without excluding anyone by using race- and gender-neutral criteria that still address underrepresentation — for example, recruiting from schools with high percentages of underrepresented students, removing unpaid internship barriers, or using socioeconomic factors. The federal government could expand the National Endowment for the Arts' grant programs to fund pipeline initiatives that target economic disadvantage rather than identity categories, achieving broader access without running afoul of anti-discrimination law.
Falsifiable predictions
What this entry claims will happen, and what data would prove it wrong. The Reckoner revisits these against current reality.
- The district court will issue a preliminary injunction against the eligibility criteria within 90 days.
- AAER will cite this case as precedent to challenge similar programs at other Broadway shows and regional theaters within 12 months.
Grounded in
- NYC composer allegedly cheated out of 'Wicked' Broadway gig because he ...
- American Alliance for Equal Rights Files Federal Civil Rights Lawsuit ...
- American Alliance for Equal Rights Files Federal Civil Rights Lawsuit ...
- Composer in NYC claims discrimination cost him 'Wicked' Broadway role ...
- Nick Labbat - New York Post
Original source — excerpted
news NYC composer allegedly cheated out of ‘Wicked’ Broadway gig because he’s a white man: lawsuit"See more of our coverage in your search results. He would have had a better chance of joining “Wicked” if he was green. An NYC-based composer claimed he w..."