DEI Programs Under Spotlight: A “Wicked” Tale For New York Theater

For years, diversity, equity and inclusion (DEI) initiatives have played an important role throughout the theater industry. From nontraditional casting and apprenticeship programs to mentorship opportunities and audience outreach, these initiatives have sought to expand access for historically underrepresented artists and theater professionals.

Today, however, the legal landscape surrounding DEI programs is changing rapidly. Recent lawsuits and federal enforcement efforts signal increased scrutiny and overview of programs that may consider race, sex, or other protected characteristics, even where those programs were designed to promote diversity and inclusion.

Nonprofit theaters, commercial Broadway productions, producers and arts organizations should review all existing DEI initiatives to ensure they comply with evolving federal and New York State laws.

Recent Litigation Targets Theater DEI Programs

In late 2025, musician Kevin Lynch filed a putative class action against Off-Broadway theater Playwrights Horizons, challenging a “BIPOC Night” ticket promotion that offered discounted admission to patrons identifying as black, indigenous or people of color. Plaintiff Lynch alleged that the promotion violated 42 U.S.C. § 1981 and the New York State Human Rights Law by providing different pricing based on race.¹ The parties reached a private settlement in March 2026 before the court ruled on the merits.

Only a few months later, Mr. Lynch, joined by the American Alliance for Equal Rights (AAER), filed another lawsuit in the Southern District of New York against the producers of Broadway’s “Wicked,” along with nonprofit organizations MAESTRA and Musicians United for Social Equity (MUSE).²

This lawsuit challenges the “Music Director Experience,” a paid apprenticeship that provided an aspiring music director with the opportunity to shadow “Wicked’s” music director during rehearsals, auditions and performances. The program was administered in partnership with MAESTRA, which supports women and nonbinary musicians, and MUSE, which supports musicians of color.

According to the filed complaint, applicants were required to submit a profile from either MAESTRA or MUSE as part of the application process. Mr. Lynch alleges that, because he is a white male, he was unable to qualify for membership in either organization and was therefore denied an equal opportunity to participate in the apprenticeship. The complaint asserted claims under Section 1981, the New York State Human Rights Law, and the New York City Human Rights Law, alleging unlawful race and sex-based discrimination in hiring and apprenticeship opportunities.

Although the litigation remains pending, the lawsuit illustrates the increasing willingness of plaintiffs to challenge DEI-related employment and training programs within the theater and entertainment industry.

A Broader Shift in Federal Enforcement

The theater industry is not alone. Since January 2025, the federal government has adopted a significantly more aggressive approach toward private-sector DEI programs. Executive Orders issued by President Trump directed federal agencies to eliminate DEI preferences within the federal government and instructed agencies to investigate private-sector DEI programs that may violate federal anti-discrimination laws.

Federal agencies have already begun acting on those directives. In February 2026, the Equal Employment Opportunity Commission (EEOC) sought broad discovery from Nike, Inc., alleging the company may have engaged in a pattern or practice of discrimination against white employees and applicants in hiring, promotions, internships, mentoring and leadership development programs. During the same month, the EEOC also filed suit against Coca-Cola Beverages Northeast, Inc., alleging that a company-sponsored networking event unlawfully excluded male employees.

Together, these actions demonstrate that DEI-related hiring, internship, mentoring, networking and professional development programs are increasingly becoming subjects of litigation and government enforcement.

What Entertainment and Theater Employers Should Do Now

These recent lawsuits do not mean that DEI initiatives are unlawful. Employers remain free to pursue diversity, inclusion and equal opportunity initiatives. However, programs that expressly limit participation or provide benefits based on race, sex or another protected characteristic, expose employers to increased legal risk under the current enforcement environment.

All theater and entertainment organizations should consider reviewing:

• casting notices, breakdowns, and audition announcements;
• apprenticeship, fellowship, internship and mentorship programs;
• scholarship and professional development opportunities;
• affinity groups and networking events;
• promotional discounts and audience engagement initiatives; and
• written DEI policies and recruiting materials.

An internal legal audit can help identify language or eligibility requirements that may create unnecessary litigation risk while allowing organizations to continue pursuing lawful diversity and inclusion objectives.

Looking Ahead and DEI’s Outlook

The lawsuits against Playwrights Horizons and “Wicked,” together with recent EEOC enforcement actions, underscore that DEI programs are entering a new era of legal scrutiny. Organizations in the theater and entertainment industry should proactively evaluate existing programs to ensure they are consistent with current federal and New York anti-discrimination laws before becoming the next potential target of litigation.

Footnotes

1. Complaint, Kevin Lynch v. Playwrights Horizons, Inc., No. 1:25-cv-10594 (S.D.N.Y. filed Dec. 22, 2025).

2. Complaint, Am. Alliance for Equal Rts. & Lynch v. Maestra Music, Inc. et al., No. 1:26-cv-04645 (S.D.N.Y. filed June 2, 2026).

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