American Idol has been cited in a racism lawsuit that claims black contestants were booted from the hit talent show as a result of discrimination, it emerged Friday.
Gossip site TMZ obtained a copy of a letter filed with the US Equal Employment Opportunity Commission (EEOC) by New York entertainment lawyer James H Freeman that accuses the show of deliberately exploiting black contestants to improve the shows ratings. The lawyer has since confirmed to the Guardian that the legal document is genuine.
Freeman requested permission to sue American Idol and Fox on behalf of nine former contestants who believe they were forced off the show because of their race. To sue an employer for discrimination, a request to sue must be filed with the EEOC.
TMZ named Corey Clark, Jaered Andrews, Donnie Williams, Terrell Brittenum, Derrell Brittenum, Thomas Daniels, Akron Watson, Ju'Not Joyner and Chris Golightly as Freeman's clients.
In the letter, Freeman said he noticed something was awry when Jermaine Jones was kicked off the show in March 2012. Producers said at the time that Jones was disqualified because he had not told the show there were outstanding warrants for his arrest.
Freeman also said in the letter that he saw that only nine other people had been publicly disqualified from the show, and they were all black.
Freeman claimed in the letter that by asking potential contestants if they had been arrested, producers violated California employment law, under which employers are not allowed to ask potential employees about their arrest history.
In the letter, he said that the show perpetuated "destructive stereotypes" about black people by using their answers to that question and employing private investigators to examine their arrest history, allowing them to disqualify the contestants.
He also said none of the contestants who were disqualified from the show were convicted of the crimes they were charged with and that the show "never once publicly disqualified a white or non-black American Idol contestant in the history of the eleven season production."
Three black contestants have won the show, Ruben Studdard, Fantasia Barrino and Jordin Sparks.
Season two contestant Corey Clark sued MTV for $40m in 2012 for their coverage of his disqualification from the show.
Freeman said on Friday he didn't know how TMZ acquired the letter and said he, the government and the contestants are the only people who had copies of the letter.
"I was taught not to litigate to the press," Freeman said.
To sue an employer under laws enforced by EEOC an individual, organization or agency must file a charge of discrimination to protect the identity of the person filing the suit. The EEOC can recommend mediation and if that is unsuccessful, the problem is handled by an investigator.
The EEOC may recommend mediation, launch their own investigation or give permission to file suit. If the EEOC thinks the case has a low chance of success or is not authorized to investigate it, they may dismiss the charge.
Their was no immediate response from the Fox Network regarding the lawsuit.
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