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ARTICLE · 23 JULY 2026

DEI Programs Under Spotlight: A “Wicked” Tale For New York Theater

Bond, Schoeneck & King PLLC
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Recent lawsuits against theater organizations signal a dramatic shift in how diversity, equity and inclusion programs are being legally challenged. From discounted ticket promotions to apprenticeship opportunities, DEI initiatives that once seemed routine are now facing federal scrutiny and litigation under anti-discrimination laws. Theater companies, producers and arts organizations must navigate this evolving legal landscape to protect their programs while continuing to pursue diversity goals.

United StatesEmployment and HR
Sheila E. Tapia
Sheila E. Tapia
Samuel Dobre
Samuel Dobre

For years, diversity, equity and inclusion (DEI) initiatives have played an important role throughout the theater industry. From nontraditional casting and apprenticeship programs to mentorship opportunities and audience outreach, these initiatives have sought to expand access for historically underrepresented artists and theater professionals.

Today, however, the legal landscape surrounding DEI programs is changing rapidly. Recent lawsuits and federal enforcement efforts signal increased scrutiny and overview of programs that may consider race, sex, or other protected characteristics, even where those programs were designed to promote diversity and inclusion.

Nonprofit theaters, commercial Broadway productions, producers and arts organizations should review all existing DEI initiatives to ensure they comply with evolving federal and New York State laws.

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