Lawyer Tells FOX American Idol Racism Lawsuit is “Far Fetched”

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

Read More:

American Idol Accused of Racism by 9 Black Ex-Contestants (UPDATED)
Season 10 Alum, Jacob Lusk, Defends American Idol Against Charges of Racism
Taylor Hicks, Melinda Doolittle, Casey Abrams – Idol Not Racist

  • Incipit

    So, is California one of the states that levy fines for Frivolous Litigation?

    Perhaps the Idol 9 ought to think about taking up a collection. Heh.

  • KatMyers

    Did any of these “Idol 9″ make it to voting rounds?  Prior to voting I can see where AI is merely televising auditions and casting because there is no pay until they are “cast” as finalists for the TV program.  Once the finalists are determined, they are covered by a contract, receive both pay and medical benefits and have specific obligations to fulfil like the Ford commercials.  That’s one of the reasons why those darned results shows are so long when a half hour would do – because the union has minimum work and pay requirements.  In any case, an egregious example of vexatious and frivolous allegations which are defamatory in nature.  Now that would be an interesting countersuit lol.

  • http://twitter.com/glitzyhearts_x Krista

    Chris Golightly would have if he hadn’t been disqualified, Ju’Not made it to Top 36?, and I believe Cory Clark made the Top 12 his season. The rest never made it past Hollywood Week. 

  • Miz

    I hope Idol doesn’t cave and settle just to get them to go away. I’d actually like to see this lawyer and his clients counter-sued.