What Hollywood ‘Inclusion Riders’ Need to Be Effective

‘Inclusion Riders’ Have Been Around for a While
– Daily Journal

Manatt’s Robert Jacobs, co-chair of the firm’s entertainment, media and sports litigation practice, was quoted by the Daily Journal for an article that discussed “inclusion riders” and how they could impact the entertainment industry.

The publication noted that actress Frances McDormand brought inclusion riders into the spotlight when she mentioned them during her acceptance speech at the 2018 Academy Awards. An inclusion rider is a contract provision demanded by talent, which stipulates that the project’s supporting staff must reflect the diversity of the geographical area in which the project is produced.

Jacobs explained that the success of these riders will depend on the complexity of the language used—or more accurately, the lack of complexity.

“The more things are made mandatory, the harder they’ll be to negotiate,” Jacobs said. “The more general the language, the easier it’ll be to sell to the studios.”

Relying on broad language would also limit the likelihood of a reverse discrimination claim brought by someone who felt they’d been denied employment due to a rider’s requirements, Jacobs said.