Millenia Black’s Suit Against Penguin Has Been Resolved To ‘Her Satisfaction’…
Tuesday, May 13, 2008Posted in: Millenia Black Racism In Publishing
For those who can’t remember, or weren’t around, basically, Millenia wrote a book called The Great Pretender. The characters in the book were white. The original cover didn’t feature people on it, and it sold so well (it was a self-pubbed book), that Penguin came a calling.
When the folks at Penguin found out that Millenia was black, they tried to market The Great Pretender as an African American book, and ended up putting two black characters on the front cover of the book, which was absurd because her characters were white. But the worst thing was, they tried to do this, contrary to Millenia’s wishes.
Millenia argued that being categorised as an AA author, would limit her sales potential, as her book would be shelved in the AA literature section, rather than the general lit section. Penguin ignored her, so she was left with no other choice, but to sue.
Lots of people had lots of things to say about Millenia trying to sue Penguin, including that f*cktard Ed Champion, who tried to help matters along by muddying the waters.
I blogged about this issue at the time, and Millenia was kind enough to take part in my Racism In Publishing interviews.
Anyway, the matter has now been resolved, after two long years.
So I always dreamed of being like Jackie Collins or Danielle Steel. Of having a career that had nothing to do with my color, everything to do with my stories.
I dreamed of reaching an audience so large that I, too, would one day sell over 400-500 million novels. Or over 300 million, like Sidney Sheldon. Or over 200 million, like Nora Roberts. Or (even) over 70 million, like Sandra Brown. My dream was sooo bright; as bright as the sun itself. I always believed it was attainable. Sink or swim…
I thought there was an equal opportunity.
But despite the current atmosphere, I still have a great deal of faith in the American publishing industry. I am an American. And I believe we can repair the hurtful, Jim Crowesque climate that plagues American publishing. We must. For as Eckhart Tolle carefully explains in A NEW EARTH: What we do to others, we do to ourselves…
I maintain confidence that my stories will find their way into the American mainstream, where they belong. Like any other, they deserve to have a fair chance in the marketplace, don’t they? Unfettered by any “color-of-the-author” impositions?…
The Discrimination Lawsuit.
I’ve received several inquiries about the status. I’m very pleased to share that the matter has now been resolved to my satisfaction through an agreement, the terms of which can never be discussed.In the interest of my blog’s archival integrity, I fully disclose that all previous discussions about the case have been removed. There will be no further information about the lawsuit on my blog. I’m extremely happy to have this heartbreak behind me – I give beaucoup thanks to my wonderful attorney. And I likewise send a deep, heartfelt THANK YOU to everyone who offered their unwavering support. I’ll remember it always.
Well that’s just great and very timely, considering the recent racism in romance posts.
Well done Millenia, you took a stand for many, and you came out victorious.
Via Monica’s blog.
Bailey
May 13
10:23 pm
Congratulations to Ms. Black! It so nice to hear some justice coming an author’s way for a change!
I checked out that Ed Champion’s blog, and gee, he comes across as quite befuddled to say the least.
Darlene Marshall
May 13
10:33 pm
This is very interesting, because it made me think of the late Frank Yerby. Yerby wrote bestselling historical fiction back in the 40’s through 1970’s, and I daresay 90% of his readers had no idea he was a black man. The protagonists in his novels were white and they were marketed as mainstream historicals. Finally in the 70’s he felt it was safe to branch out into IR and AA books, but by then his reputation was well established, as was his fan base.
I’m glad Millenia got some satisfaction from her suit.
ed
May 13
10:36 pm
How does revealing the truth “muddy the waters” exactly? Are you truly that idiotic? It’s not surprising to learn that your ratiocination skills are so limited that you must resort to the ad hominem logical fallacy, calling me a “fucktard.” If you or Ms. Aldred cannot handle the idea of someone trying to investigate the truth of claims amidst many inconsistencies, then perhaps you should spend the rest of your days in Fantasyland, where you too can aspire to be Cinderella, along with thousands of paying customers. How wonderful it must be to drink the Kool-Aid. How wonderful it must be to be SO RIGHT! To quote the late great James Baldwin, “I imagine one of the reasons people cling to their hates so stubbornly is because they sense, once hate is gone, they will be forced to deal with their pain.” Perhaps instead of serving up ridiculous vitriol, you might want to send me your address so that I can send you some Band-Aids.
Karen Scott
May 13
10:44 pm
Ed, you are a fucktard, now do me a favour and fuck off from my blog. How’s that for limited ratiocination skills?
Millenia Black Settles Lawsuit with Penguin Over Race | Dear Author: Romance Book Reviews, Author Interviews, and Commentary
May 13
11:13 pm
[…] Black announced that the settlement of her suit with Penguin over the allegations that Penguin tried to make her write black […]
Jane
May 13
11:15 pm
I’m surprised that you see this as a victory. The gag and purge is pretty uncommon and serves to stifle any discussion on this issue. It’s a victory for Penguin and maybe for Black personally (although I get the sense that mainstream publishing might be done for her), but its not a victory, in my opinion, for AA authors as a class.
Capo
May 13
11:18 pm
Ed, snivel like a baby and pick fights with women all you want; I bet you haven’t taken one of your rants outside with a man in years. Grow some balls and stay off this woman’s blog.
Beverly
May 13
11:30 pm
This doesn’t seem like it will help anyone else, though, so how can it really be a victory? It sounds like Penguin decided they would save money by settling. Wouldn’t it be a better fight against injustice to keep pushing with the lawsuit so that other authors won’t be put through the same situation in the future? It just seems sad that settling means there won’t be judgement on the books that says that publishers can’t do this. Until it’s there, it will happen again.
Karen Scott
May 13
11:35 pm
Jane, the gag isn’t ideal, because we’ll never know the ins and outs of the case, but Penguin clearly had to play ball to a certain extent. I’m thinking that the gag and the purging was part of their conditions of settlement.
I’d venture to say that it’ll be a while before Penguin do something similar in the future. So yeah, if MB feels satisfied, then that’s good enough for me.
Racism in publishing wont suddenly stop because of this case, but I’m thinking that every little helps. Even if we don’t know the details.
What I’d love to know is if the higher ups at Penguin will bother making any changes internally, to ensure nothing like this happens again.
Karen Scott
May 13
11:42 pm
Thanks Capo. Hopefully, he’ll bitch on his blog, and stay off mine.
It’s been ages since I told anybody to fuck off on here, I must do it more often, it felt good.
Jane
May 13
11:46 pm
Karen – This is certainly a victory of some kind for Black herself but there is no industry effect. The gag order is perfectly normal. The purging? Not so much. The purging says to me that she lacked leverage to make to make a stand. The purging, frankly, makes me wonder if Penguin threatened to countersue with a libel claim.
It’s one thing to not talk about the details of the settlement. That’s really ordinary.
But in Penguin obtaining the purging of the suit and that she can never talk about it again makes me wonder about her proof. I don’t know that it means that Penguin had to play ball at all. Settlements are agreed to for all sorts of reasons.
I don’t mean to piss in the cheerios here, but this settlement, as Beverly stated above, seems to stand for nothing but closure for Black and Penguin.
Karen Scott
May 14
12:13 am
Damn, I lost my comment. Anyway, my main point was, I believe that MB actually purged all reference to the suit a while ago, she blogged about it at the time.
Also, on the assumption that she was paid a settlement, I still think it means that Penguin themselves, have to be careful in the future. They might be massive, but no high profile company wants to be dragged through the courts constantly. The money, time and effort could have been better used to their advantage, for a start off.
monica
May 14
12:36 am
What Millenia wrote was she can’t talk about the case. That’s standard. Commenting on the case on her blog, even on long standing posts, would be talking about the case. Best to take them down, I’d think.
The fact that Penguin settled in a satisfactory way a black author’s lawsuit of discrimination against them is HUGE. If it went to court, it would have been in Penguin’s favor on the surface. A long and drawn out court case would be quite expensive and risky. Millenia is one person, Penguin is part of a mega-corporation with near unlimited resources. The fact that they didn’t let it go to court is telling.
They will indeed have to be more careful and the awareness helps the cause of black commercial fiction equality.
eggs
May 14
12:40 am
Millenia was personally wronged by Penguin and that wrong has been resolved to her personal satisfaction. I see nothing wrong with her wanting to have the matter resolved and behind her.
It’s been going on for two years now – how long is she expected to put her professional life on hold to continue the legal battle for the greater good? Three years? Four? Ten? Unless she wants to make the legal case her entire life, then she’s going to have to move on at some stage – so why not now when she can (presumably) get a decent amount of compensation?
Millenia is not the only writer to suffer because of racism in publishing. Others have equally legitimate gripes about racism in publishing – so why regard the first attempt at a challenge as the last chance? There will be other cases and other chances for victory. This is a great start and Millenia should be proud of what she’s achieved.
I agree with Karen that this is a personal victory for Millenia. Maybe it’s not the Once And Final Slaying of Racism in Publishing Victory that some folks were (unrealistically) hoping it would be, but it is a victory for Millenia. So, I say good on her for having the guts to take them on in the first place and good on her for actually squeezing something out of them while she could.
Maddie
May 14
12:50 am
Well damn!!! I thought segregation ended eons ago, never thought I would see it on a bookshelf and practiced at a major book publisher
Segregation:
The policy or practice of separating people of different races, classes, or ethnic groups, as in schools, housing, and public or commercial facilities, especially as a form of discrimination
Beverly
May 14
12:59 am
I’m actually very surprised that this case wasn’t picked up by a powerhouse like the ACLU. This is exactly the sort of case they should be putting their money toward.
I completely understand Black not wanting to spend her whole life on this case. It is an understandable decision, but at the same time is sad (to me) because landmark cases are usually based on one person’s refusal to say no — think Roe vs. Wade or Brown vs. Board of Education.
Jane
May 14
1:05 am
I guess I really struggle with how this is a win. It’s not that this case can ever be used as precedent for anyone else’s battle in the future. Confidentiality agreements ordinarily pertain ONLY to the terms of the settlement, not the actual details of the case. That is very extraordinary.
I think it is a bit naive to think one suit and its settlement change internal practices at all. A lawsuit with racial overtones against Penguin doesn’t help Penguin at all. One of the greatest tools that Black had was the ability to speak out about this. That tool has been totally removed from her.
It’s no skin off my nose if you want to spin this as a victory, but it is meaningless in legal terms, in my opinion.
I have to admit to having always been puzzled by the fact that Black could not get legal representation. Civil Rights cases allow for the recovery of attorneys’ fees regardless of how much Black would have won in a verdict and it can drive a higher settlement value.
monica
May 14
1:11 am
The cases cited Brown vs Brown, Roe vs Wade, had entire movements behind them, lawyers, crowds of people supporting them, the works.
Segregation in commercial fiction is an unpopular soapbox. Some of the literary establishment vilified Millenia and few supported her. Not even black authors are united behind the issue – (being published in a limited race-segregated niche is better than not being published at all, some feel).
Millenia made a brave and courageous stand and stood alone during much of it. The fact that her case was settled and to her satisfaction (Millenia is no pushover) is indeed a victory. How many authors are going to risk everything against a large corporation with near-unlimited resources for an unpopular principle with no one standing behind them? I couldn’t do what Millenia did.
Jane, these times are NOT civil rights days. Speaking out for minority or victim’s rights is very unpopular (just ask Bill O’Reilly).
Other black authors might be moved to speak out now. Fear is pervasive in this climate. Any black that speaks against injustice is quickly punished. Black was silenced and vilified by the racist establishment anyway for daring to take on Penguin and being an uppity Negro (which is obviously still getting some folk’s goat).
They predicted she would be crushed. The fact that she wasn’t is a victory and a fairly clear one if you ask me.
Jane
May 14
1:14 am
Monica – there is no doubt that the settlement was a win for Black and I don’t mean a monetary win because settlement could mean anything. But it’s closure and she can put it behind her. But I find it hard to believe that it can be stretched as a victory for anyone else.
Beverly
May 14
1:27 am
Roe and Brown didn’t start as movements though, they started as one person or a small group (in Brown) who took a stand. They got lawyers, they got groups to back them, and they became movements.
If Black couldn’t get any groups to back her, then I think that is even sadder in some ways than the situation she was suing over.
I am glad that Black sued and pushed as much as she did. If the fact that Black got a settlement (I wish we knew what or how much!) helps anybody else in her situation feel like they have a chance to have their wrongs righted, then she did good. It just seems (as an outsider) that there might have been even more good to be done by continuing to push the suit.
monica
May 14
1:30 am
The first black man who wasn’t lynched for raising his eyes and questioning a white person was a victory back in the day. We might not remember his name, but it was a first step.
No, this won’t set a legal precedent–as I see it, that would be near-impossible unless Millenia was a billionaire with similar resources as Penguin–but she wasn’t lynched or crushed. That will lessen fear, at least somewhat.
In this rank climate, changing black oppression will have to be a process, not as if somebody clicked a switch and voila, it’s gone. As I wrote, there is no movement behind segregation in commercial fiction, no united band, no consensus. MLK is long dead and the principles he stood for antiquated (or there would be a consensus against any sort of segregation–if he can roll in his grave, I’m sure he is).
Every little bit in the right direction helps.
Bev, I know little about Roe vs Wade, but I’m intimately acquainted with Brown vs Brown (Linda Brown, the little girl back then, took my dog after my divorce, bless her).
There definitely was a movement behind that family BEFORE the case went to court. It was carefully orchestrated.
Jane
May 14
1:39 am
It wasn’t a financial impossibility for Black to have pursued this case. What she needed, and obviously did not have, was a Plaintiff’s lawyer who would have represented her on a contingency fee basis which is ordinary and common for those who practice discrimination law or any kind of plaintiff’s trial work.
A tiny percentage of individuals who are presented by trial lawyers have the funds to prosecute a case – hence the contingency fee. The one case pays for the work of future cases. Black’s case didn’t interest lawyers likely because the proof she had was probably a she said/she said issue. With no written documentation, no meetings, a “rogue” editor issue and this case was likely very difficult to win. If she had had better proof, I’m sure some lawyer would have taken it on because discrimination cases come with the right to attorneys’ fees, plus this case would have been high profile allowing the plaintiff’s attorney lots of free advertising. With the right proof, it was exactly the type of case a good Plaintiff’s lawyer would have taken.
Plaintiff’s lawyers are not afraid of taking on big corporations. That’s what they live for – the deep pocket.
Having said that, I do admire Black for her stance, her willingness to file suit. I just see the outcome as not changing the game at all.
monica
May 14
1:51 am
She did have a lawyer, but I agree getting one probably wasn’t easy.
Discrimination cases from blacks are REALLY unpopular and hard to win nowadays. High profile ones have Rush and the like railing against the black person and their lawyers, no matter how justified.
I agree that proof would have to be perfectly damning and completely documented. (What sort of evidence pointing to discrimination would appease Bill O’Reilly? For him to say Millenia suffered any sort of discrimination, I bet all editors would have to come to work in mandatory white sheets, pointy hats and carry KKK cards while video tapes were played of the entire Penguin board of directors attempting to hang Millenia on a coat rack with a noose while shouting, “Die, N*gg*r, Die!) I suppose that sort of proof is hard to obtain.
Obviously the case was damning enough to settle and keep out of court, but maybe not tight enough to win.
Angela
May 14
2:02 am
Ain’t that the truth Monica?
I happen to view Black’s victory, despite the gag order, as a victory for black authors who have the right to the same resources that lead to success for their non-black peers. To be honest, Black’s inability to speak on the case is a moot point: are we supposed to be waiting for someone to rally around in order to continue to discuss the case of Plessy vs Ferguson in the publishing industry?
Jane
May 14
2:29 am
I’ll have to say that my experience with the court system is totally different than yours. That is to say that I’ve never had Bill O’Reilly or any of his like sitting on the venire.
Robin
May 14
2:45 am
Brown v. Topeka was an incredibly bold move by the Supreme Court, because the justices knew very keenly that public opinion was going to be against the ruling. They essentially stepped in and contravened popular opinion, holding in unanimity to make a social, as well as legal point. And because of a smattering of lower court cases like Mendez v. Westminster and others , the court was able to stand on top of some cases where people of humble means and minimal social power (most, if not all, were cases involving the segregation of Mexican students, IIRC, going back as far as 1921) successfully challenged the system.
Shiloh Walker
May 14
6:00 am
I haven’t followed this much since the last time I read about it, but I would *think* that MB’s satisfaction here could ease the way for future similar instances.
I’ve gotta say MB seems like a class act, thru and thru.
Karen, you have a wonderful admirer there. :-O
Shiloh Walker
May 14
6:06 am
And BTW, Monica…will you PLEASE tell me when ACES HIGH is due out?
That cover is fantastic.
Nora Roberts
May 14
11:58 am
MB stood up and pushed for what she felt was right. For two years. That’s a long time, a lot of emotion, a lot of stress. Not everyone would’ve stuck it out.
The fact that she did, and was able to obtain a settlement that satisfies her says a lot.
Lynn Emery
May 14
12:36 pm
I’m not a lawyer, but I’ve been in court on several different sides (expert witness, fighting a lawsuit, consultant social worker) and I can say that if MB is satisfied then that means a something to me. She is no cupcake as she’s proved, so if the outcome is something she can live with I’d say assuming she took it on the chin or both sides called a draw doesn’t compute IMO. Her description can mean any number of things, but my experience in court tells me that “satisfied” can cover a whole lot of ground.
Essentially she stood up with a slingshot against a giant, and came out “satisfied”. My definition of a win for her, and something for the rest of publishing to think about.
Ebony
May 14
5:49 pm
It’s hard to find someone to represent you when you’ve been discriminated against. It’s not as easy as you think.
For Ms Black to stand up and win is a step in the right direction.
Jade James
May 14
5:50 pm
Congrats Ms. Black!
HelenKay Dimon
May 14
6:06 pm
Maybe this isn’t a victory in terms of setting legal precedent, but it’s a win in every other way. She stood up and put her career (present and into the future) in jeopardy, which takes huge guts. I’m just happy she’s happy. Equally thrilled to hear she’s writing and ready to work on the next book. I can’t imagine how hard it must be to concentrate with everything else that has been happening in her professional life.
M. A. Samm
May 14
8:34 pm
I agree with the stance that it’s a victory, no matter how big or small.
But can I be shallow for one second and say that I laughed my ass of with your reply to Ed, the fucktard. How is he going to go into someone’s house, up in their kitchen, and mouth off. Karen, you cracked me up.
Karen Scott
May 14
8:48 pm
M.A, there are some people who need to be given the 411 in no uncertain terms. Ed Champion is one of those people.
monica
May 14
9:03 pm
Methinks Ed’s feelings are stung. He’s gone and blasted Millenia and tarred other authors with the same brush.
Unfortunately, there’s more. The nerve of that uppity, race-card holding Negress, Millenia (who has the gall to use a pen name too, ed rants (I paraphrased).
[snort!] My patience for assholes is limited lately..
Karen Scott
May 14
10:44 pm
I think he’s feeling a tad unloved dont you? I wonder if he was breast fed? If he wasn’t, it might explain his quite irrational anger at a woman who’s never said boo to him.
He is such a waste of space. I wouldn’t piss on him if he was on fire.
Bailey
May 15
4:46 am
Mr. Ed said, “How wonderful it must be to drink the Kool-Aid.” I am guessing this is a reference to the Electric Kool-Aid Acid Test by Tom Wolfe. If this is so then I’m inclined to think Mr. Ed is as much immersed in reverse-snobbery ideology as Wolfe.
african american writers
July 30
9:06 pm
Wasn’t it a sellout?