In June, 2025, FAIR submitted a formal federal civil rights complaint to the National Endowment for the Arts (NEA) against Maestra Music, Inc. and the New York State Council on the Arts (NYSCA), after they funded and facilitated a discriminatory hiring opportunity that excluded applicants based on sex and race.
In 2023, Maestra and Musicians United for Social Equity (MUSE), in collaboration with the Broadway production Wicked, advertised a three-week paid apprenticeship for aspiring music directors. This opportunity was funded in part by federal grants awarded by the NEA to NYSCA and then passed on to Maestra.
The program was restricted to women and nonbinary individuals, while MUSE only accepted “people of color.”
Kevin Lynch, a talented music director and FAIR in the Arts member who happens to be a white male—and thus a member of federally protected classes under Titles VI and VII of the Civil Rights Act—tried to apply. His applications to both Maestra and MUSE were denied or indefinitely delayed, effectively blocking him from eligibility.
What We’re Challenging
FAIR’s complaint outlines multiple civil rights violations:
- Discriminatory Exclusion: Mr. Lynch was denied access to a publicly funded program solely because of his race and sex.
- Misuse of Federal Funds: Maestra, an indirect recipient of federal funding through NYSCA, restricted access to a federally supported program in clear violation of Title VI.
- Regulatory Noncompliance: NYSCA failed to ensure subrecipient compliance with anti-discrimination laws.
- Inconsistent Reporting: Maestra reported different employee counts across various filings and complaints, raising questions about transparency and eligibility under civil rights statutes.
Importantly, this case arrived just as the U.S. Supreme Court issued a unanimous ruling in Ames v. Ohio Dept. of Youth Services (2025), affirming that majority-group plaintiffs are equally protected under Title VII. The Court left “no room for courts to impose special requirements on majority-group plaintiffs alone.”
What We’re Asking For
FAIR’s complaint requests that the NEA:
- Direct Maestra and NYSCA to revise policies and eligibility criteria to comply with Title VI.
- Ensure that Mr. Lynch and others like him can access future opportunities on equal terms.
- Mandate civil rights training for NYSCA and Maestra staff.
- Launch an investigation into Maestra’s use of federal funds and reporting inconsistencies.
- Require oversight mechanisms for NYSCA to prevent similar exclusions in future programs.
Why It Matters
Federal funding should never be used to divide Americans by race or gender. Every artist, creator, and citizen deserves equal access to publicly funded opportunities—no matter their background. We cannot allow a two-tiered system to take root in our institutions, least of all in the arts, where inclusivity and expression should be celebrated.
FAIR stands firmly for fairness—not just for some, but for all.
Read the complaint
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