Seeking "Fairness for Casting": A look into the neglect Casting Directors face in their industry.

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“Waving signs and chanting “Fairness For Casting,” we walked through the intersection of Broadway and 44th Street, heading up the sidewalks of Seventh Avenue. The chanting continued until we hit the Broadway League office at 49th Street.”

- Thom Goff, Director of Breakdown Services NYC

As defined in the Oxford Dictionary, fairness is the “impartial and just treatment or behaviour without favouritism or discrimination” (Oxford Dictionaries, 2019). In the performing arts industry there is a collaborative cohort of creative departments whom together bring forth the various creations to entertain. They seek to bring pleasure, awareness, knowledge, and a plethora of other escapisms through the stories they tell the world. Each person has a role in this billion-dollar industry and each role should be treated impartially (Kaz, 2017). Perhaps that is an idealistic way of thinking because the reality is harsher for some. Of the hundreds of jobs within the entertainment world there is one that often goes overlooked: The Casting Director. Intrigued to explore their efforts in becoming a respected and equally recognized member of the entertainment industry this essay will attend to examining the sociological aspect of this career and discover what these professionals are continuingly doing to improve and advance their practice even in the face of neglect. This essay will examine a brief history on the origin of Casting Directors and their current role, followed by the arguments and efforts in seeking equality that have denied them their unionization and recognition in national accolades.

“Let us start at the very beginning, [which is] a very good place to start” (Rodgers and Hammerstein, 1959). The word “casting” can be defined in several ways, “Derived from Old Norse [Scandinavian language] – kasta, to throw – it is to launch something, or else to shape it. Ships cast off. Objects are cast. The same goes for drama” (Truman, 2018). This definition illustrates the active role that the casting director takes on when hired by the producer. This is why their role is essential at the beginning of the process and can be vital for setting the whole sense of a piece up for success. It is the art of assembling the lists of actors who could be the solutions to the casting ‘Rubik’s cube’ as recognized by Drew Grant of Observer when he states: “[T]heir job is three- fold: to scout the best talent, to direct the talent into giving the best audition possible and then to present their client (whoever is putting on the picture, play or television show)—on the best of what’s out there” (Grant, 2016).

Let us now look at when and where the title of a casting director originated. Marion Doherty and Lynn Stalmaster are credited for pioneering the profession in New York City and Los Angeles respectively, as the first independent casting directors in the industry in the 1950s. However, in an interview in World Literature Today, Doherty explained that:

In the old days, of course, casting used to be done by the producers and directors. There really were no casting directors. And such "casting" would be done from the studio lists, not according to "who is best for this part out there somewhere. (Horton, 2006, p.42)

Thus, the profession evolved over the years, opening the role to become available to the major artistic markets in Los Angeles, New York City, and London.

By 1982, Casting Directors had organized national leagues that required extensive experience in order to become members. The first group created was The Casting Society of America and by 1997, The Casting Directors Guild was patented in the United Kingdom. These associations would become the first efforts towards instating “the intent of establishing a recognized standard of professionalism in the casting field” (Castingsociety.com, 2017). This doctrine proved to be a catapulting step forward for the profession because over the last two decades, Casting Directors have become prominent players in creative teams across entertainment mediums. By adopting the theory and practice of equal opportunities in their organizations, they began to carve out a place for themselves (Jacobs, 2004, p. 294). However, according to headlines in recent years, the profession’s current state of affairs raises the questions into how much further they have to gain in terms of the benefits they receive and the protection they deserve.

Case in point: “Casting is the only major entity of the theater industry that does not have a union or the corresponding benefits such as healthcare and pensions” (Mink, 2017). From a sociological approach, for such a central occupation within an established industry to face this inequitable gap presented itself as the most intriguing point of inquiry into why and how this could be allowed. Further research reveals that it is not without a fight that they should remain non-unionized but left under the scrutiny of The Broadway League, which is the national trade association for the Broadway Industry (Kaz, 2017), it is necessary to point out the obstacles which arose against these lobbying professionals.

After years of developing and advancing the occupation in the theatre industry of New York City, Broadway Casting Directors formally sought to receive their bargaining rights from their employers in the year 2016. Joining the Theatrical Teamsters 817 union as their agents, it was on the 28th of October that year when the President of the Teamsters, Thomas J. O’Donnell, sent a letter to the casting community explaining the efforts the Casting Directors were seeking in gaining union recognition from the Broadway League were deemed unworthy of the League’s support in acknowledging them as their employees (Viagas, 2016).

Their formal explanation for this dichotomy was eventually released in a statement from the League themselves defining Casting Directors as ‘independent contractors,’ comparing them to lawyers and accountants (Gerard, 2017). Their singular reasoning to this argument being that they see these professionals as “separate businesses with their own employees and typically work on more than one show at a time within and outside our industry” (Gerard, 2017). However true that statement is, it is worth noting that the same could be said for a multitude of occupations directly associated within the theatrical community. Suggesting discrimination and disparaging against the profession as a whole, this is the precise retort that Casting Director, Rachel Hoffman of Telsey + Company states in an emotional reaction to the League’s announcement:

You know whom else works on more than one show at a time? Directors. Choreographers. Actors. Writers. Lighting Designers. Set Designers. Costume Designers. Sound Designers. Music Directors. Orchestrators. General Managers. And Producers. (Hoffman, 2017)

All of the named occupations are protected in their own allocated unions thus debunking the League’s stance against the Casting Directors. Moreover, the same arguments have been riddling the entertainment industry for years.

Drawing on the arguments from previous unions and their origins, it is as if history continues to repeat itself. For these reasons, it is necessary to explore the instances in which previous events could provide further support for this case. Conveying one of the strongest fundamental examples of unions working in favor of independent contractors, Catherine Fisk, a law professor at University of California, Berkley states in her essay ‘Hollywood Writers and the Gig Economy’:

[W]riters in the 1930s formed a union and created an administratively complex but functional system for regulating wages, conditions of employment, and intellectual property rights in an industry characterized by short-term, episodic, independent, and erratically supervised work in geographically dispersed locations. Their union, the Writers Guild of America, bargains on a sectoral, multi-employer basis on behalf of writers at the low end and the very high end of pay, power, and responsibility. The Writers Guild represents workers who employers in other industries might deem independent contractors or supervisors ineligible for unionization. [personal emphasis] (Fisk, 2018, p.2)

These artists who were once faced with the same discrimination stood up for their bargaining rights, consequently establishing a union for who over 80 years has been working within similar conditions of the entertainment industry. This demonstration of compromise and respect from their employers is vital in forming a fair alliance.

Furthermore, the most perplexing evidence of the argument against the Broadway League refusing to grant the Broadway Casting Directors their union rights can be found behind the events taken place in 2005 when Casting Directors and their Teamsters (Local 399) counterparts petitioned for the same rights in Hollywood. Met with identical resistance from their national trade association: The Alliance of Motion Picture and Television Producers (AMPTP) their case escalated to threats of a largely scaled strike with over 4,000 members willing to support the protest against the producer’s stance. They found resolution after the producers pleaded for Casting Directors to seek guidance from the National Labor Relations Board (NLRB) who “oversee the private sector workers and could help decide the matter of unionization” (Huston, 2018). Thus, if the Casting Directors were acknowledged as employees by the NLRB, they would be allowed to conduct a vote in favor of being represented by unions. After an obvious win they were granted the acknowledgement of ‘employee’ allowing them to bargain and receive their new terms and rightful recognition by the AMPTP in January of 2006 (Huston, 2018).

The irony of this historically pivotal example is the basic criteria considered by the NLRB when deeming the Casting Directors as worthy voters/employees was solely “based on their work record with the studios and producers” [personal emphasis] (Huston, 2018). Revealing that if the Broadway Casting Directors could gain this same acknowledgement from the NLRB there would be a chance for their own unionization, seemingly easy to prove providing the years of evidence their ‘work record’ would elicit between themselves and the Broadway League. However, when given this option by the League in May of 2017, O’Donnell of Teamsters Local 817 politely declined on the Casting Directors behalf due to the disinterest in the case becoming politicized.

Casting directors notified the Broadway League months ago that they had decided to form a union. The producers can voluntarily recognize their union and bargain a contract. We are asking producers to do that, just like the producers in film and television did 10 years ago. Casting directors are not going to leave it up to the Trump administration to decide if they have rights. (Gerard, 2017)

Though the conflict has yet to be fully resolved for the Broadway Casting Directors, their resilience stays strong. Through peaceful protests exclaiming “Fairness for Casting” and implementing a social media presence with a hashtag of the same sentiment, they have not abandoned their efforts in gaining support towards an agreement with their employers (even after an alleged “casting cartel” almost landed the two parties in court) (Rummel, 2017). Instead, they are executing the virtue of patience and looking forward to when the theory of equality in their workplace becomes their reality.

Continuing the examination into the other areas in which Casting Directors are treated with a lack of parity, let us consider the national award ceremonies where their presence and acknowledgement is puzzlingly disproportioned. As of 2019, Casting Directors have yet to be eligible for the following accolades in the entertainment industry: the Oscar for Film, the Tony and Olivier for Theatre, and the Golden Globe for TV and Film. Though only naming these few, they are considered the most prestigious and esteemed awards for each given specialism. The lopsided detail being that though the Casting Directors are allowed to vote for the nominated Oscar, Tony and Olivier awards, they are ineligible to win them (Rudin, 2017; Castingsociety.com, 2017; Official London Theatre, 2019). As illustrated in the examples provided against them in their unionization, there is a similar lack of consistency in the reasons why they have been denied this acknowledgement for their achievements in the entertainment industry. The weakest argument being that there is no formal reason why they are ineligible. The closest statement found from The Academy of Motion Picture Arts and Sciences (AMPAS) in their defense against this discredit being “there’s no real way to determine who [chooses] which actors to be in a picture” (Naremore, 2013, p.50). Revisiting the theories and practice of equality, one that is constantly being challenged and evolving, it is sufficing to say that these denials create a gap in fully observing the profession as an equal.

Additionally, there is an element of a catch-22 scenario in regard to the Tony award, where in order for a future Casting category to be considered there must be a member on the administration committee to move the motion forward, yet Casting Directors are not eligible to be a part of the administration committee (not to be confused with the nomination committee) due to their non-union standing. This example can be found in the American Theatre Wing’s “Rules and Regulations” document outlining the criteria for Tony award eligibility stating:

The Tony Awards Administration Committee shall be a self-governing body comprised of 24 members, of whom 10 shall be designees of the Wing, 10 shall be designees of the [Broadway] League and one member shall be designated by each of The Dramatists Guild, Inc., Actors’ Equity Association, United Scenic Artists and Stage Directors and Choreographers Society. … Anything in these Rules to the contrary notwithstanding, no “Special Tony Award” may be given unless specifically requested by a member of the Tony Awards Administration Committee [personal emphasis] (The Tony Awards® Rules and Regulations 2017–2018, p.5,14).

The exclusion of their membership directly correlates with the lack of their unionization thus continuing a cyclical motion of marginalization for the Casting Directors.

Much like their fight for unionization, it is worth noting the valiant efforts these industry Casting Directors have brought forth when making a case for themselves to receive these awards even after their attempts have reached moot points. According to Tim Appelo of the Hollywood Reporter, “The Academy of Motion Picture Arts and Sciences ha[d] rebuffed requests to start a casting branch three times since 1996” (Appelo, 2012). Seemingly probable when you consider that the process in gaining the 1989 Casting Emmy took four years of campaigning in order to instate it (Appelo, 2012). These findings raise the mirroring question of hypocrisy between the stances each awards organization chooses to take. Support of this argument is given by James Naremore of CINEASTE magazine when he states:

Casting directors have won Emmys, but not Oscars. Leaving aside the question of what title they should be given, it seems odd that persons who assist directors with casting and who are mentioned in the credits of theatrical films can’t be nominated for awards in the same way as editors, set designers, writers, and so forth. (Naremore, 2013, p.50)

Furthermore, in their most compelling attempt in seeking recognition from the AMPAS came in the debut of the 2012 documentary, Casting By, which highlighted the career of the aforementioned, Marion Doherty. Its aim was to also gain enough clout with the Academy by exposing a particular offense to the Casting community:

A few years ago [in 1991], before Marion Dougherty’s death [in 2011], producer Paula Weinstein organized an effort to have Dougherty given an honorary Academy Award. Letters supporting the idea were sent to the Academy by Glenn Close, Robert De Niro, Clint Eastwood, Paul Mazursky, Paul Newman, Sydney Pollack, Robert Redford, Jessica Tandy, and several others who worked with Dougherty. The Academy rejected the proposal. [personal emphasis] (Naremore, 2013, p.50)

This neglect from the AMPAS acted as a disservice in the curation of the historical accuracy for the role of Casting Directors and in a feeble attempt to rectify this controversy, the AMPAS eventually recognized Lynn Stalmaster with the Honorary Oscar for his achievements in Casting in 2016 (O’Falt, 2016). Though this momentous recognition along with the 2013 eventual induction of the Casting Directors Branch at the Academy provides steps forward in this process of impartiality, it must also be recognized as another fickle example in the unfair conditions in which these professionals are vaguely and inconsistently recognized.

“For too long, casting has been the forgotten art form – and it is an art form” (Truman 2018). Though scholarly documentation proves to be scarce on the role of Casting Directors, this gap is being rectified by the continuing efforts these professionals are building in making themselves heard. Noting by firsthand experience, the phrase ‘is there a world?’ is often used in casting offices when Casting Directors are dreaming up their list of actors who will soon make up the worlds in which they will help to create. It is an intriguing thought to wonder if there is a world where these dedicated professionals will finally receive the recognition they deserve, where they are recognized amongst those in thank you speeches, or better yet, are those giving the speeches. Is there a world where they can be assured care if a visit to the Doctors is required, where their future is being protected not only by their pensions, but by the viable path being created for this profession? Only time will tell if those with the authority to make this change will occur. Even in the negligence faced, they strive in persistency and continue to hope for a better tomorrow for their future union members and award winners.

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