The discrimination lawsuit filed by 10 black former contestants of American Idol against the show has passed a significant hurdle, reports ABC News.
The plaintiffs, all of whom were disqualified from the show over six seasons for reasons other than singing — including criminal history — were recently issued notices of “right to sue” by the Equal Employment Opportunity Commission, allowing the 429-page lawsuit they filed in July to move forward.
In response, “American Idol,” FOX and the show’s production company, 19 Entertainment, have switched from employment attorney Jonathan Sulds, who represented them before the EEOC, to Daniel Petrocelli, the trial attorney who successfully sued O.J. Simpson on behalf of Ron Goldman’s family.
At issue now, is whether the plaintiffs can be classified as actual “employees.” Idol producers claim that the plaintiffs were “contestants on a reality singing competition, not employees under Title VII.” (Title VII of the 1964 Civil Rights Act protects individuals against employment discrimination on the bases of race and color, as well as national origin, sex and religion.)
However, ABC News has obtained document from Corey Clark, the season 2 contestant disqualified during his top 12 run for supposedly not disclosing a legal entanglement, that repeatedly refer to him as an “employee.”
The plaintiff’s attorney claims that the show “fraudulently concealed the true legal status of the participants” by having them sign an initial “Contestant Agreement” at auditions that expressly states they are not to be deemed employees or independent contractors of the show. Instead participants are merely “volunteers” and/or “licensors” of their names and likenesses.
If it can be proven the plaintiffs were employees, they could have a case, because in California, asking an applicant about previous arrests–not convictions–is illegal. A ruling in the plaintiffs favor could reverberate throughout the reality show competition world. All the shows have similar rules and procedures when casting contestants. More lawsuits would be sure to follow if the case prevails.
Read more at ABC News
