TRIAL STARTS TODAY IN UNIVERSAL BIAS CASE: '2 FAST 2 FURIOUS' 1ST AD CLAIMS FIRING WAS RACE-BASED (LAT)

By Nancy Vialatte

Today�s Los Angeles Times takes a look at the lawsuit between Frank Davis and Universal. Set to go to trial today, the suit alleges racial discrimination against the studio and is the first of its kind brought by the government.

The US Equal Employment Opportunity Commission sued Universal four years ago on behalf of Frank Davis, a former first A.D. on �2 Fast 2 Furious,� saying that he had been fired because he is African American. The suit contends that Davis, who had been directing for 12 years, was fired without cause, over the objections of director John Singleton.

"There is absolutely no basis to these allegations," said a Universal spokeswoman, who asked not to be named. "We are confident many witnesses will testify that Mr. Davis' firing had nothing to do with race but was solely due to his poor performance as a first assistant director."

Davis was hired by Universal in 2002 and brought on board "2 Fast 2 Furious" by Singleton, who is scheduled to testify today. In court documents, Singleton said he was upset about Davis' being fired. In addition, he told a member of the Directors Guild of America that race might have played a role.

Singleton has also said he was under pressure to finish the film and thus did not complain to Universal chief Ron Meyer or then-chairwoman Stacey Snider. However, the judge has ruled that Singleton's speculation about the role of race is not admissible.

Universal asserts that Davis was not qualified to handle a production as complex and expensive as "2 Fast," which cost more than $85 million and included many action sequences and stunts. But in 1991, Davis had worked as key second assistant director on "Terminator 2: Judgment Day," a production that was rife with stunts and cost more than $100 million.

The government is using internal e-mails from top studio executives to show how plans to fire Davis were underway only a few weeks after he was hired. "At this point they do not have real specifics for getting rid of him and we might have to get into the film a bit," wrote Holly Barrio, senior vice president of production and development at Universal in a Sept. 9, 2002, e-mail to other studio executives. Although Barrio's e-mail is devoid of any reference to race, that subject was broached by Universal production manager Terry Miller, according to the EEOC suit.

In a telephone interview, Miller asked Matthew Weiner, an industry veteran whom Davis had wanted to hire to help on the production, "What color are you? Are you black?" the suit said. According to his deposition, Weiner said he told Miller, "Not that it should matter, but I'm Jewish and from New York, which the name Weiner should implicate�. I can't see where that would have any bearing on my qualifications."

Miller is expected to testify but maintains that he never asked Weiner about his race.

Since news travels fast in Hollywood, employees are normally reticent to bring such complaints out in the open � being contentious can also mean being unemployable. But, this case could provide a rare glimpse into the hiring and firing practices of Hollywood studios.

"Most of these issues never come to light, but it is something that the commission had heard about for many years," Anna Park, head regional attorney for the EEOC's Los Angeles office, told the LAT. "It took the bravery of Mr. Davis to bring that to light. Unfortunately he has paid a price. We owe it to him to let a jury decide the issue."

The commission is seeking back pay and punitive damages as well as court-enforced monitoring, oversight of the studio's hiring and firing practices and anti-discrimination sensitivity training. Davis is seeking damages estimated at several million dollars.

"This will show that the film industry does in fact discriminate," Davis� attorney John E. Sweeney told the LAT. "They need to change their ways and come along into the modern world."

At a hearing Friday, the studio tried to settle the lawsuit, according to people close to Davis, Universal and the commission who asked not to be named because the talks were confidential. However, the parties could not come to an agreement, in part because the studio asked that the agreement be confidential and the government refused.

TRIAL STARTS TODAY IN UNIVERSAL BIAS CASE: '2 FAST 2 FURIOUS' 1ST AD CLAIMS FIRING WAS RACE-BASED (LAT)

By Nancy Vialatte

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