Does American Idol Discriminate Against Black Contestants?

Ten former contestants of American Idol hit the show’s producers and sponsors with a lawsuit this week, alleging racial discrimination against black performers.

The potential class action is seeking an injunction to prevent American Idol producers or sponsors from labeling African-American performers as “criminal."

The suit was filed by ten previous contestants, claiming that race was a major factor in their disqualification from the show, as well as in their overall treatment. Statistics from all eleven seasons of American Idol allegedly support the claim, showing a pattern of public condemnation and disqualification of black contestants. Plaintiffs argue that their backgrounds were used to portray them as criminals, leading up to public disqualification – at times in from of a TV audience of millions. This, the suit alleges, constitutes hostile dismissal and deprives black contestants of all benefits and privileges gained by participating the show, and damages plaintiffs’ reputations and relationships with family and friends.

The proposed class action lawsuit hopes to use the statistics in order to provide evidence – described in the filling as “insurmountable” – that race is a major factor in the treatment of contestants. The plaintiffs are seeking to represent a class containing all African-American men who competed on the show between 2002 and 2012 and allegedly suffered from discrimination. Plaintiffs argue that there is a consistent pattern of black American Idol contestants being disqualified and publically shamed following criminal background checks. When white contestants began to do well, these discriminatory practices were not applied, plaintiffs allege, while the claim notes that “over the course of the show’s eleven-year history, the adverse action of being officially disqualified from 'American Idol' was reserved exclusively for black contestants, and more specifically black male contestants.”

Among the complaints, the suit alleges employment discrimination, interference with prize contract, constructive trust/equitable fraud, deprivation of rights, rescission and unjust enrichment.

The potential class action is seeking an injunction to prevent American Idol producers or sponsors from labeling African-American performers as “criminal,” as well as requiring them to publish clear rules and regulations regarding the use of background checks and the criteria for disqualification. It also seeks restitutionary disgorgement of any money generated by American Idol from the use of plaintiff’s interests and publicity rights.

The nature of the show – winners are chosen through a subjective, public vote in the latter stages – may make it difficult for performers to prove that racial discrimination as institutional, although the difference between public dismissal, and disqualification for failing background checks, may give the plaintiffs grounds to move forward with their case. If the show’s officials themselves have allowed individuals’ race to affect their judgment and treatment of them – a pattern that allegedly is documented in the eleven years of statistics - then plaintiffs may be able to prove discrimination.

The case, filled in the United States District Court for the Southern District of New York, is Jaered N. Andrews et al. v. Fremantlemedia NA Inc. et al., case number 13-CIV-5174