A lawyer tells FOX 411 that the lawsuit 9 American Idol contestants are attempting to bring against the show doesn’t stand much of a chance of prevailing:
“It seems that this lawsuit claiming racial discrimination under California employment laws is not only far-fetched, but wholly misplaced. Yes, California law does prohibit an employer from asking a job applicant about arrests that did not result in convictions, and yes, California law does prohibit employers from discriminating against employees based on race, but the key words here are ‘employer’ and ‘employee’,” she explained. “The California Fair Employment and Housing Act and Title VII, which prohibit racial discrimination in employment, simply do not apply because it will be hard to prove that these individuals were employees.”
Sedaghatfar said that these reality show contestants would be deemed independent contractors, if anything, and thus would not be within the purview of these employment laws.
“As we saw in the court’s ruling in the infamous race discrimination lawsuit filed against the show ‘The Bachelor,’ which was not brought under employment discrimination laws, but under civil rights statutes, casting decisions by television shows and their producers are protected by the First Amendment,” she continued. “So, even if this case is brought under civil rights laws, it will still be highly unlikely they would prevail.”
The lawyer bringing the suit is probably hoping that American Idol will just cave in and settle.
Via Fox News
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