I had trouble sleeping last night.
If you read yesterday’s post, you know that when deciding between a post about an NFL cheerleader who was fired for risque pictures mailed to the Indianapolis Colts versus labor law and Twitter, I chose labor law and Twitter.
I won’t make the same mistake twice. So, without further ado, I have the pictures federal-court complaint of the fired cheerleader and a brief rundown of her chances of success.
***Oh, Twitter. I can’t stay mad at you. I’ll give you a foot rub — right after I finish this can of Four Loko.***
Don’t judge me. Just skip past the jump. TGIF, yo.
NFL cheerleader + Playboy pics = bias lawsuit
On May 9, former Indianapolis Colts cheerleader, Malori Wampler…
oh, for the love of God, here’s the link that opens in a new window***
…filed an Amended Complaint against the Indianapolis Colts. You can view a copy of that Amended Complaint here. In it, Ms. Wampler alleges that the Colts discriminated against her on the basis of her race (Asian) national origin (Indonesian) and gender (female). Specifically, Ms. Wampler complains that the Colts fired her after a fan mailed the Colts a “painted picture” of Ms. Wampler. (Here is a link to the painted picture. It is most-definitely NSFW).
Ms. Wampler, who signed a Cheerleader Agreement with the Colts, which contains a morals clause, does not appear to dispute that the painted picture violates the contract. However, she contends that the Colts treated certain players and white cheerleaders better than she was treated.
For example, Ms. Wampler alleges that the Colts failed to discipline eight “similarly situated” (her words, not mine) Colts football players for arrests and allegations ranging from public intoxication to sexual battery. Ms. Wampler also alleges that, after she was fired, a white cheerleader, identified in the Amended Complaint as “Breanna F”, allegedly posed semi-nude for a professional photographer (with the photos posted on the photgrapher’s website). When these alleged pictures were supposedly brought to the attention of the Colts, the team did not discipline Breanna F.
(Here is a link to Breanna F’s bio from Colts.com).
Will Ms. Wampler prevail?
On the face of the complaint, I have doubts. Most notably, I question whether Ms. Wampler is truly “similarly situated” to the NFL players to whom she compares herself. It appears that in Indiana, similarly-situated employees must be “directly comparable to the plaintiff in all material respects.” Last time I checked, Ms. Wampler was not catching passes from Peyton Manning. Therefore, Ms. Wampler’s claim may rest upon the nature of the alleged pics of Breanna F and the team’s response.
Unfortunately for Ms. Wampler, as you know assuming when you clicked the NSFW link above, she set the bar pretty high for herself.