Over the last few years, we’ve witnessed the battle between decorated comedian Mo’Nique and Netflix streaming service over the Oscar winner’s claims of discrimination.
Back in November, the ‘Precious’ star sued Netflix on claims that their $500,000 offer for a standup special was a lot less than other comedians such as Amy Schumer and Chris Rock were being offered.
Mo’Nique insisted that the extremely low offer was an example of gender and racial discrimination.
However, Netflix fired back at the comedian and has since convinced a California federal judge to agree that she hasn’t shown a plausible case.
According to the Hollywood Reporter, Netflix responded to Mo’Nique’s lawsuit with a motion to dismiss her retaliation claims and a motion to strike other petitions of her complaint.
The company revealed that though Mo’Nique argued she deserves the same pay as other comedians, she didn’t explain why she deserves the same pay.
On Thursday, Judge André Birotte Jr. granted Netflix’s motion to dismiss and denied Netflix’s separate motion to strike, the outlet reported.
However, this win is a temporary one for Netflix as the judge is giving Mo’Nique a chance to amend her claims as he feels that she has not ‘adequately’ argued Netflix’s decision not to change its offer after she went public with her claims, was retaliation.
“The Court notes that Plaintiff raises a novel theory here, namely that failure to negotiate constitutes an ‘adverse employment action’ for purposes of a retaliation claim,” Birotte wrote. “In light of the arguments that Plaintiff raised orally before the Court, the Court allows Plaintiff leave to amend her retaliation claims and to file a First Amended Complaint adding facts in support thereof.”