Gina Carano, a former mixed martial arts (MMA) fighter and actor known for her role in The Mandalorian, filed a lawsuit against Disney and related companies after being fired from the popular series. Carano was fired after she made several controversial social media posts on X (formerly Twitter).
Background
In February 2021, Disney and LucasFilm fired Carano and ended her role in The Mandalorian due to her social media activity. Disney said that Carano’s posts violated Disney’s standards of conduct.
Carano’s controversial posts included: comparisons between the COVID mask mandate and Nazi Germany; comparisons between being a Republican in the United States today and being Jewish during the Holocaust; inflammatory remarks regarding gender pronouns and gender identity; and calling Biden’s win in the 2020 presidential race an “election fraud.”
These posts prompted significant public backlash against Carano, and there were mounting calls for her to lose her role in The Mandalorian and spinoffs of the Star Wars project, often using hashtag #FireGinaCarano.
Lawsuit against Disney
In February 2024, Carano took to X to update the public that she filed a lawsuit against Disney, LucasFilm, and other related entities. Carano’s lawsuit, filed in California federal court, seeks to hold the Disney defendants accountable for wrongful termination, refusal to hire, and sex discrimination. Carano also alleges that the Disney defendants hurt her future work prospects by making malicious and false statements as part of a post-termination “smear campaign.” Carano is seeking reinstatement of her role in The Mandalorian and compensation for lost income and future employment opportunities.
Carano also posted that her lawsuit is being funded by Elon Musk. In August 2023, Musk made an open call on his platform, X, announcing: “If you were unfairly treated by your employer due to posting or liking something on this platform, we will fund your legal bill. No limit.” Carano publicly responded to that offer on X and Musk agreed to fund her lawsuit against Disney. In February 2024, Musk posted and invited X users to “let us know if you would like to join the lawsuit against Disney.” As of the date of publication of this article, Musk’s post had over 175,000 likes and 10,000 comments.
Wrongful termination
To prove wrongful termination, Carano must demonstrate that her employer terminated her in violation of California labor laws or public policy. In California – and under federal law applicable in all states – employees have legal protection against termination for exercising their right to free speech, especially if the speech pertains to matters of public concern. However, the extent of these protections can vary depending on what words were used, the nature of the employment relationship, and applicable state laws.
Sex discrimination
To succeed in her discrimination claim, Carano must show that she was in a protected class (such as gender or sex), she suffered an adverse employment action (such as being fired or denied a promotion) because of her membership in a protected class, and she was qualified for the job that she lost.
Potential defenses
Disney and the other defendants are likely to defend against Carano’s claims by claiming that her termination was justified based on her social media activity and its impact on the company’s reputation. The Disney defendants may also assert that Carano’s employment agreement included provisions allowing for termination in the event of behavior deemed detrimental to the company. Additionally, Disney may argue that Carano’s posts were a breach of any social media or code of conduct policies in her contract.
Conclusion
The outcome of Gina Carano’s lawsuit against Disney will depend on various factors, including the specific terms of her employment agreement and the strength of the evidence presented by both parties. As the case progresses, it will be important to closely monitor developments and consider the broader implications for employment law and freedom of speech in the entertainment industry.
If you have questions relating to termination due to social media posts, reach out to a member of our team for further guidance.
Photo by Michael Marais on Unsplash