Fired New Orleans Saints cheerleader files discrimination complaint

Steve Gardner | USA TODAY

A former NFL cheerleader's photo on her private Instagram account has become a flashpoint in a discrimination complaint against the New Orleans Saints.

Bailey Davis was fired by the team in January for breaking the team's rules of conduct, which forbid cheerleaders from appearing nude, semi-nude or in lingerie.

Davis posted the photo of herself in a one-piece outfit, one the team later discovered and told her violated the terms of her employment. At the time, the team also was looking into reports that she broke another rule by being at a party where Saints players were present.

Though she denied being at the party and had locked her Instagram account as the team required, Davis was fired after three seasons on the Saints cheerleading squad, the Saintsations.

Davis has filed a complaint with the Equal Employment Opportunity Commission, claiming the Saints violated the NFL's personal conduct policy prohibiting discrimination.

"NFL players have zero rules over contact with cheerleaders," Davis' attorney, Sara Blackwell, tells USA TODAY Sports. "But the cheerleaders have written rules that they can only say 'hello,' (or) 'good game.' They cannot speak to (players), they cannot be in (the) same room."

On social media, cheerleaders also are required to block players from following them. And if a cheerleader is in a restaurant when a player arrives, the cheerleader must leave immediately.

However, no such prohibitions exist for players.

The implication is, Blackwell says, "players are going to come after you and your character depends on how you react. You need to stay away from them.

"That, obviously, is gender discrimination and it's a very 1920 way of protecting women."

The complaint is one of three remedies Davis is seeking, in addition to a demand for arbitration and a hearing with NFL commissioner Roger Goodell.

"We're hoping to just make a change and advocate for equality in the treatment of women in sports," Blackwell says.

“The Saints organization strives to treat all employees fairly, including Ms. Davis,” Leslie A. Lanusse, a lawyer who is representing the Saints, wrote in an email to the New York Times. “At the appropriate time and in the appropriate forum, the Saints will defend the organization’s policies and workplace rules. For now, it is sufficient to say that Ms. Davis was not subjected to discrimination because of her gender.”

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