What Is an Inclusion Rider?

An idea for making the entertainment industry more diverse

By Benjy Schirm, J.D. | Reviewed by Canaan Suitt, J.D. | Last updated on December 8, 2023

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At the end of her Oscars 2018 Best Actress acceptance speech, Frances McDormand said two words: “inclusion rider.” The phrase, trending, sent the internet into a tizzy and created a flurry of explanations about what the noted actress meant.

An inclusion rider is a clause in a contract that states that the crew and cast of a movie must include a certain level of diversity. Studies have shown that there’s a disparity in the representation of women, people of color, and minorities in movies, as well as behind the cameras. A way to combat this problem may be within contract negotiations and content creation on the front end of films.

Where Did the Idea of Inclusion Riders Come From?

Prior to Frances McDormand’s Oscar speech popularizing the idea of inclusion riders, Stacy L. Smith, a professor at USC Annenberg, had argued for putting equity riders in Hollywood contracts in a 2014 op-ed for The Hollywood Reporter.

In the same article, Smith also suggested that Hollywood adopt the NFL’s Rooney Rule, which mandates that teams interview minority candidates for head coaching and senior-level positions. This simple structural pattern could radically change the balance toward a more representative and inclusive workforce.

The focus on inclusion isn’t just for Hollywood; it can be integrated across all industries. In fact, any organization that does not evaluate its employment policies for inclusion is taking a legal risk for discrimination lawsuits.

If you run a small business, organization, or support group, finding a reputable and experienced attorney familiar with the film business may be in your best interest. They can help you draft up an inclusionary policy to have on hand or to be included in your contracts moving forward. 

For more information, see our overview of entertainment and sports law.

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