
I don’t watch “The Bachelor.” I’ve never seen “The Bachelor.” So, I’m not really interested in the class-action lawsuit brought against the show, except from a legal perspective. This is perhaps the one advantage to having two lawyers on staff at WarmingGlow: We can shoot the sh*t about the merits of these cases with a modicum of authority (but not too much: After all, we write for a television blog).
The case comes from Nathaniel Claybrooks and Christopher Johnson, two black men who claim that the show fails to give minority candidates a “starring role” in the series. They claim that, during an interview process for the show, producers paid scant attention to them compared to the white applicants, even though Claybrooks and Johnson are both single and “looking for love.”
First of all, legal merits aside, it takes a man with an extraordinary lack of pride to admit to producers that he’s “looking for love” on a reality show; to reveal that to the nation through a class-action lawsuit? That’s just kind of sad, no matter what your race.
As to the suit, the two men are suing under an 1866 Civil Rights law that prohibits businesses from refusing to contract with minorities, and a California law that straight up prohibits racial discrimination. Presumably, if the two men can demonstrate that the show has engaged in a pattern of refusal to cast minority actors IN THE STARRING ROLE, then they might have a case. Having been denied, the two men do have standing, although to bring a class action lawsuit, they will need to find many other minority applicants who were denied and are willing to admit that they were aggrieved by the denial, i.e., that not being cast in a dating show caused them emotional distress or another harm.
There are two rubs here, which to me suggests that the case won’t advance very far. One, it is my understanding that most of the people in the starring role are selected from finalists in previous seasons. The producers, presumably, have no say in who the finalists are. Minorities are cast among the pool of potential suitors, so it’s on the Bachelorette or Bachelor to advance a minority suitor into the final rounds, and not the producers. However, if the men can demonstrate that the game is rigged, so to speak, so that minority suitors are kept from advancing, then maybe there’s a tenuous claim.
The other rub is this: If the contestants were fired because of their race, they’d have a much better case. But employers have broad discretion in the hiring process, and no one has a blanket right to be considered. If 1,000 people had sent in application videos, the producers could’ve burned them all with no legal consequences, so long as they didn’t burn only the black applicants’ videos.
The other consideration is that, the employer need only show a legitimate, non-raced based reason for the hiring decisions. The applicants seem to point to that issue in their claim: “The refusal to hire minority applicants is a conscious attempt to minimize the risk of alienating their majority-white viewership and the advertisers targeting that viewership.” That’s a tough one to unpack: The producers do have a legitimate reason for not considering minority applicants — marketing, promotion, profit — but that reason is race-based. But again, this is not public accommodation law — where the burden on the employer is higher — so the producers would have more leeway in the hiring process.
Finally, the biggest detriment to their claim is the need to show “harm.” How were they harmed by not being cast in “The Bachelor”? Nobody has a legal-mandated right to “look for love,” so harm would have to be very broadly construed, as in: On a societal level, the plaintiffs could argue that the refusal to cast black people in the starring role means less black role models, or that less minority representation on a reality dating show does a societal harm. But it is reality television were talking about; how much societal need is there to have a crappy, exploitative, bottom-feeding genre of television better represented by minorities? I don’t know. Moreover, how do you show emotional distress in the context of a dating show?
Bottom line: It sucks if it’s true that “The Bachelor” producers do not give as much consideration to African-American applicants; that’s totally sh***y, and it’s hard for me to believe that we haven’t advanced enough that a black man in the leading role in The Bachelor would not fetch solid ratings. But is there a legal claim? That’s tenuous as hell, and my guess is that the men are using the lawsuit to get to the discovery level, so they can get access to all sorts of internal memos, which may point to something more egregious. Television executives, after all, are a**holes. So, I’d expect, if the case is not tossed out before discovery, that a settlement will be quietly reached.
If the case advances, however, and the two men — and the rest of the certified class — win, then it could mean a huge change for reality-television casting.
Now I’ve officially spent more time thinking about “The Bachelor” in the last hour than I have in the entire rest of my life. That’s probably even more sad than the case.



If black men really want to “look for love,” why not just be the protagonist of a Tyler Perry film?
Grimey, you MAY have just planted the seed for “Tyler Perry’s The Bachelor.” I pray that I’m wrong.
Maybe it’s just my avatar, but I love when y’all talk legalese here. Makes me feel like I’m not actually F’ing off when I should be working.
Obvious solution: make Kim Kardashian the next Bachelorette.
Boom, easy joke!
That was easy, but I don’t feel like a sucka for laughing.
This is sort of like when that guy sued Hooters for not hiring him as a waiter, except that I support these guys and hate the establishment they’re suing, as opposed to the other way around.
That’s it. I’m suing Univision for not hiring me to act like a doofus around their super hot Latina sexpots all damned day.
I DEMAND RESTITUTION! And titties!!!
Correct me if I’m wrong, but the “brand” is self-perpetuating, right? I mean they have a bachelor and the guy tells people about the kind of woman he wants. He may have a preference for white women, so you give him white women. Of the rejected women they select someone to be the bachelorette. She lists here preferences, which obviously include a guy like the one she was going after on the first show. Lather, rinse, repeat.
Chances are that they’ve included and asian or african-american person in the mix to see if it changes things, but if they don’t click or cause enough drama then there’s no reason to give them their own show in the next iteration.
Can I sue Black Singles for not catering to my needs? What about JDate? Would the Warming Glow attorneys take my case for a box of Hot Pockets?
Someone tell these motherfuckers that blackbachelor.com is very real.
+12″
WHOOOOOOOOOOOOO CARRRRRRRRRRRRRREEEEEES?
As someoneone who shamefully watches The Bachelor (I enjoy the snark), they haven’t had a minority in years on the show. I know a Latino guy got picked one time and I remember an Asian chick maybe 4 or 5 seasons ago, but the actual pool of suitors/suitorettes (?) is a big ol’ white fest.
I don’t think getting a black bachelor is exactly the type of “progress” their race needs.
As a Black person myself I feel that I must point out that the real issue at play here, is the perception that it is acceptable to bend to the will of racism. The network executives are more concerned with not offending racist consumers, then they are with being fair.
Just like it took lawsuits for car manufactures to start adding safety features like seat belts. It sometimes takes lawsuits for companies like network TV, to stop taking the easy route (i.e. not standing up to racist consumers) and do what is socially moral.
I would assume these guys are mad that they weren’t given the opportunity to shamelessly plug themselves as reality whores to make a bunch of money for doing nothing.
What does Antonio Cromartie have to say about this?
This was an intriguing read. Also, “kudos” on the great restraint (or “boo-urns” on the huge oversight”) for writing an entire piece about this without using the term “DASS RAYCESS!”