The recently filed age and disability discrimination lawsuit by Randall Arney against the Geffen Playhouse, where he served as artistic director since 1999, seems to raise some serious legal and factual flaws based on just what is alleged in the complaint (Arney v. Geffen Playhouse, Cal. Super. Ct., No. BC673176, complaint filed 8/22/17). First, the decision to sue the two playhouse board co-chairs, Pamela Henderson and Martha Robinson, as individuals is questionable. The complaint alleges that they slandered and defamed Arney in February by sending a letter to Geffen board members informing them that Arney’s contract (which was expiring by its own terms) would not be renewed in order to “position the theatre for the future.” The letter stated that Arney was involved in the decision-making process, and had voluntarily agreed to transition from his role in order to pursue other professional opportunities. At the same time, the Geffen executive director, Gil Cates Jr. released a statement praising Arney’s “varied and numerous” contributions to the Geffen, and thanking him for his “inspired artistic leadership, unwavering commitment to our mission, and for leaving his indelible mark on our beloved institution.” Arney made no public statement regarding the February announcement.
Arney also sues Henderson and Robinson as individuals alleging that they personally interfered with his relationship with the Geffen. Since they are co-chairs of the board of directors, they legally are the Geffen Playhouse, so there is no real legal benefit in suing them personally. His termination was in compliance with his negotiated employment agreement, so it is certainly defensible for them to say that he “had voluntarily agreed” to step down. Pulling the two board members into the lawsuit as individual defendants can appear to be spiteful, and directly related to the fact that they apparently were the ones to tell Arney that the Geffen would not be renewing his contract—in a meeting Arney requested with them even though his contract did not provide for a renewal (a fact that Arney had known since 2015 when it was negotiated).
