“I have two words to leave with you tonight, ladies and gentlemen: inclusion rider.”
With that cryptic salvo from the stage at Sunday’s Academy Awards ceremony, lead actress winner Frances McDormand sent much of Hollywood frantically Googling and speed-dialing their attorneys to figure out what exactly an “inclusion rider” is and what repercussions it could have at a time when studios are facing pressure to showcase more diverse casts in movies and TV shows.
The term trended on Twitter after the Oscars broadcast and was Merriam-Webster’s most-searched term of the night. McDormand’s words quickly elicited social media support from other prominent actresses including Brie Larson, who tweeted after the ceremony: “I’m committed to the Inclusion Rider. Who’s with me?”
At its most basic level, an inclusion rider is a clause that a major star can negotiate into his or her contract to ensure that a certain number of women and minorities are considered for jobs on a movie or series. The concept has its root in the NFL’s Rooney Rule, the 2003 policy that requires teams to consider minority candidates for head coaching and other managerial jobs.
FULL COVERAGE: Academy Awards 2018 | Red carpet | Winners room | Backstage
The inclusion rider is a relatively new concept developed by Stacy L. Smith, director of USC Annenberg’s Media, Diversity & Social Change Initiative, where she studies gender representation in the entertainment industry and larger media landscape.
Smith said in an interview that she was surprised by McDormand’s speech on Sunday. “I had no idea it was coming,” she said, adding that she hadn’t been in contact with the actress. “I have a sneaking suspicion it emerged from individuals and actors I’ve been talking to about this for months.”
Smith’s initiative at USC publishes an annual report on diversity in Hollywood, but she said she felt stymied by an industry that was stubborn in its hiring practices. “More research doesn’t seem to be the key to moving the industry,” she said.
The idea for the rider arose when Smith partnered with Kalpana Kotagal, an attorney at Cohen Milstein, and Fanshen Cox DiGiovanni, the head of strategic outreach at Pearl Street Films, the production company launched by Ben Affleck and Matt Damon.
“All of a sudden it became this opportunity to employ what I knew but from a policy perspective,” Smith said.
The rider enumerates the underrepresented groups to be included in the interviewing and auditioning processes, though an actor can alter the language to suit his or her particular desires. The initiative specifically targets small speaking roles that don’t interfere with the financing or the story arc of the movie, as well as certain technical personnel and crew.
Smith said the key to implementing the rider will be A-list stars who can use their professional leverage to persuade studios to act. The major talent agencies are also an important party for implementation.
“As with all things, this will take some time,” said Kotagal of Cohen Milstein. “Our hope is that the inclusion rider could become a standard part of the negotiating of client rosters for the biggest agencies.”
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Costume designer Mark Bridges (“Phantom Thread”), with Helen Mirren in tow, rides onstage with the jet ski he won for having the fastest winners’ speech during the telecast of the 90th Academy Awards.
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Guillermo del Toro and the cast of “The Shape of Water” assemble onstage after the film wins the top prize at the 90th Academy Awards on Sunday.
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Guillermo del Toro celebrates the power of storytelling as he accepts the Oscar for directing “The Shape of Water.”.
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Jimmy Kimmel and Mark Hamill walk among the crowd during the telecast of the 90th Academy Awards.
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Actors Faye Dunaway and Warren Beatty prepare to announce the best picture winner at the 90th Academy Awards.
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Ashley Judd, from left, Annabella Sciorra and Salma Hayek present a Time’s Up segment during the telecast of the 90th Academy Awards.
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Jane Fonda and Helen Mirren present the Oscar for lead actor.
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Jodie Foster, left, and Jennifer Lawrence present the award for lead actress, stepping in after Casey Affleck withdrew from the show.
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Nominees Margot Robbie, Saoirse Ronan, Sally Hawkins and Meryl Streep hug after the lead actress award, which went to Frances McDormand, was announced.
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Frances McDormand accepts the award for lead actress for “Three Billboards Outside Ebbing, Missouri” at the Oscars at the Dolby Theatre in Hollywood, then prepares to say a few things.
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Gary Oldman accepts his Oscar for lead actor in “Darkest Hour.”
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Keala Settle performs during the 90th Academy Awards at Hollywood & Highland in Hollywood.
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Performers with Keala Settle wander into the audience during the telecast of the 90th Academy Awards.
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Actress Nicole Kidman prepares to present the Oscar for original screenplay.
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Guillermo del Toro delivers a speech after he won the directing Oscar for “The Shape of Water.”
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French composer Alexandre Desplat accepts his Oscar for original score for “The Shape of Water.”
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Kristen Anderson-Lopez and Robert Lopez are overcome after winning original song for “Remember Me” from the animated film “Coco” during the 90th Academy Awards.
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Roger Deakins wins the Oscar for cinematography for “Blade Runner 2049” at the 90th Academy Awards.
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Writer-director Jordan Peele holds his Oscar for original screenplay for “Get Out” during the telecast of the 90th Academy Awards.
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Lin-Manuel Miranda, left, and Emily Blunt present the award for best original song at the Oscars.
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Writer-director Jordan Peele is congratulated by “Get Out” star Daniel Kaluuya for winning the Oscar for original screenplay.
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Eddie Vedder performs during the “In Memoriam” tribute at the Oscars at the Dolby Theatre.
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The crowd reacts as James Ivory wins the Oscar for adapted screenplay for “Call Me by Your Name” during the telecast of the 90th Academy Awards.
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Common and Andra Day perform a song from “Marshall” during the telecast of the 90th Academy Awards.
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Lee Smith wins the film editing Oscar for “Dunkirk,” with presenter Matthew McConaughey leading him offstage.
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Nicole Kidman steps onto the stage to present the award for original screenplay at the Oscars.
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Actors Chadwick Boseman and Margot Robbie speak onstage during the 90th Academy Awards at the Dolby Theatre.
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Sufjan Stevens sings during the telecast of the 90th Academy Awards.
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Actor Matthew McConaughey speaks during the 90th Academy Awards at the Dolby Theatre.
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Filmmakers Rachel Shenton and Chris Overton accept the Academy Award for live action short film for “The Silent Child.”
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Comedian Dave Chappelle speaks onstage during the 90th Academy Awards at the Dolby Theatre.
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Tiffany Haddish, left, and Maya Rudolph present the award for best documentary short subject at the Oscars.
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Gina Rodriguez presents John Nelson with the award for visual effects for “Blade Runner 2049” at the Oscars.
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Filmmaker Frank Stiefel accepts the Acaemy Award for short subject documentary for “Heaven Is a Traffic Jam on the 405.”
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Daniela Vega, star of foreign-language Oscar winner “A Fantastic Woman,” introduces a song performance during the 90th Academy Awards.
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Actor Matthew McConaughey introduces the film editing nominees onstage during the 90th Academy Awards at the Dolby Theatre at Hollywood & Highland Center.
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“The Last Jedi’s” BB-8 accompanies actors Oscar Isaac, Mark Hamill and Kelly Marie Tran onstage during the 90th Academy Awards at the Dolby Theatre at Hollywood & Highland Center in L.A.
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NBA champ Kobe Bryant, left, and Glen Keane accept the Academy Award for animated short film for “Dear Basketball.”
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Host Jimmy Kimmel interacts with his 9-year-old self in a skit during the telecast of the 90th Academy Awards.
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Director Sebastián Lelio accepts the Oscar for foreign-language film “A Fantastic Woman” from Chile.
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Allison Janney accepts the supporting actress Academy Award for “I, Tonya” during the 90th Academy Awards at the Dolby Theatre.
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Mark Rizzo, left, Gregg Landaker and Mark Weingarten win the Academy Award for sound mixing for “Dunkirk.”
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Rita Moreno presents the award for best foreign language film at the Oscars.
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Presenters Lupita Nyong’o and Kumail Nanjiani give a shout-out to “all the Dreamers out there” onstage during the 90th Academy Awards at the Dolby Theatre.
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Jeffrey A. Melvin, from left, Paul Denham Austerberry and Shane Vieau accept the Academy Award for production design for “The Shape of Water.”
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Singers Miguel and Natalia Lafourcade perform “Remember Me” from the animated film “Coco” onstage during the 90th Academy Awards at the Dolby Theatre.
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Natalia Lafourcade and Miguel perform on a colorful stage during the 90th Academy Awards at the Dolby Theatre.
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Actors Eiza Gonzalez and Ansel Elgort walk onstage during the 90th Academy Awards at the Dolby Theatre at Hollywood & Highland Center.
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Director Bryan Fogel, right, celebrates next to producer Dan Cogan, bottom, after they won the Oscar for documentary feature for “Icarus” during the 90th Academy Awards.
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Greta Gerwig, left, and Laura Dern walk onstage to present the award for best documentary feature at the Oscars.
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Taraji P. Henson speaks onstage, introducing a performance by Mary J. Blige, during the 90th Academy Awards at the Dolby Theatre.
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Mary. J Blige performs “Mighty River” from “Mudbound” at the Oscars.
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Sam Rockwell accepts the suppoorting actor Academy Award for “Three Billboards Outside Ebbing, Missouri,” at the 90th Academy Awards at the Dolby Theatre at the Hollywood & Highland Center.
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Actress Helen Mirren presents the jet ski that Oscar winners could take home if they have the shortest speech during the 90th Academy Awards.
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Host Jimmy Kimmel motions towards the Oscar statue, speaking about its characteristics that make Oscar “the ideal man,” during the opening monologue during the 90th Academy Awards.
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Host Jimmy Kimmel delivers his opening monologue at the 90th Academy Awards.
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Host Jimmy Kimmel speaks onstage during the 90th Academy Awards.
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Someone dressed as the amphibious creature from “The Shape of Water” is guided through the crowd during the telecast of the 90th Academy Awards.
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Director Greta Gerwig walks through the crowd in the Dolby Theatre at Hollywood & Highland Center in Hollywood before the Academy Awards show begins.
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Director Steven Spielberg takes a photo with his phone during the telecast of the 90th Academy Awards.
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“Mudbound” and “Black Panther” cinematographer Rachel Morrison greets others before the telecast of the 90th Academy Awards in the Dolby Theatre.
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Meryl Streep greets Jennifer Lawrence before the telecast of the 90th Academy Awards in the Dolby Theatre at Hollywood & Highland Center.
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Christopher Plummer looks for his seat before the telecast of the 90th Academy Awards.
(Robert Gauthier / Los Angeles Times) Hollywood has been under fire from activists in recent years who have accused the industry of overlooking women and other minorities for key jobs and roles. The pressure has been compounded by the sexual harassment scandals surrounding Harvey Weinstein and many other prominent entertainment figures.
“I think it is potentially a good initiative that could help bring about more gender parity and diversity,” said Ivy Kagan Bierman, a partner at Loeb & Loeb where she represents Hollywood studios on labor issues. She isn’t involved in the inclusion rider initiative.
Bierman said there could be some push-back in the industry. “I think the studios are very focused on gender parity and diversity right now but will be reticent to agree to anything that has particular numbers and percentages they have to meet,” she said.
But McDormand’s speech at the Oscars has given the rider visibility and momentum, according to Smith of USC.
“I’m very optimistic at the moment but I think that the pressure and the passion need to continue because oftentimes, things in Hollywood are exciting in the moment,” she said. “Our goal is to create sustainable change.”
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