More on the Texans’ cheerleader lawsuit

Here’s a story in Vanity Fair about the second lawsuit filed against the Houston Texans by a group of former cheerleaders, who allege wage theft and harassment, among other things. The tale is from the perspective of plaintiff Gabriella Davis, and much of it focuses on the lousy treatment she and her fellow cheerleaders got from the team and specifically its longtime cheerleading director, Altovise Gary. I encourage you to read all that, but I want to highlight the matters relating to money:

Davis said the cheerleaders were frequently reminded that they were replaceable: “We were told, ‘There’s another girl who will do it for free,’” she said.

But they practically did that themselves.

According to both Davis and a copy of the 2017-2018 Texans cheerleader contract, cheerleaders were making $7.25 per hour, the state’s minimum wage, or approximately $1,500 per season. The employment agreement stipulates that the cheerleaders are hired as part-time employees (by day, some were college students, lawyers, or worked in P.R.). But Davis, as well as her former teammates who are suing the Texans, argued that Gary warned them upfront that they would be “part-time employees with full-time hours.” Their time commitment included games, practices, and a required 50 team-sponsored promotional appearances during the season. The cheerleaders said they were not paid overtime for hours of work outside of cheering, including selling calendars and meeting fans after games, plus daily social-media requirements, which included tweeting from the official cheerleader handle and following hundreds of people on Twitter in order to boost the account’s following.

See here and here for the background. The “we can replace you with someone who’d do this for free” attitude is pervasive, and is right there in the comments on the Chron story about the more recent lawsuit. You want to talk about “economic anxiety”, I’m here to say there would be a whole lot less of it if people didn’t internalize that message. I have a hard time understanding why anyone would side with the multi-billion dollar entity that could easily afford to pay these women a salary that’s actually commensurate with the work they do and the value they add. I’m rooting for the courts to see it the same way, but ultimately what we need is better legislation to improve working life for all of us. Here are statements from the plaintiffs and a statement from the Texans on this case. I’m sure we have not seen the last of these in the league.

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