♪
>>> GOOD MORNING, EVERYBODY.
AND WELCOME TO THE SHOW.
IM MEGYN KELLY.
AND WE BEGIN TODAY WITH A
CONTROVERSY FROM THE WORLD OF FOOTBALL.SY FROM THE WORLD OF
FOOTBALL.
AN NFL CHEERLEADER SAYS SHE WAS
RECENTLY FIRED, THANKS TO A
PICTURE SHE POSTED ON SOCIAL
MEDIA.
NOW SHE HAS FILED A COMPLAINT
AGAINST THE NEW ORLEANS SAINTS, CLAIMING GENDER DISCRIMINATION.
AND WAIT UNTIL YOU HEAR WHAT
ELSE SHE SAYS THESE CHEERLEADERS
ARE NOT ALLOWED TO DO.
HERES NBCS GABE GUTIERREZ.
>> Reporter: FOR THREE SEASONS,
BAILEY DAVIS WAS A NEW ORLEANS
SAINTS SASHEN.
SHE WAS FIRED THIS JANUARY, SHE SAYS, FOR POSTING THIS PICTUREE
SAYS, FOR POSTING THIS PICTURE ON HER PRIVATE INSTAGRAM
ACCOUNT.
>> IT WAS A BODY SUIT THAT I GOT
FROM A BOUTIQUE.
AND THEY SAW THE PHOTO, AND SAID
THAT IT WAS DISTASTEFUL.
>> Reporter: THE TEAM ACCUSED HER OF STEPPING OUT OF BOUNDS,
BREAKING RULES THAT PROHIBIT
CHEERLEADERS FROM APPEARING
NUDE, SEMI NUDE OR IN LINGERIE.
NOW DAVIS ARGUES THE SAINTS HAVE
TWO SETS OF RULES. ONE FOR ITS FEMALE CHEERLEADERS
AND ANOTHER FOR ITS MALE
PLAYERS.
PLAYERS.
>> I WANT US TO BE TREATED LIKE PROFESSIONAL ATHLETES WHO HAVEE
PROFESSIONAL ATHLETES WHO HAVE WORKED HARD AND WHO DO OUR JOB
WELL.
WELL.
>> Reporter: BAILEY ALSO SAYS THE TEAM FIRED HER BECAUSE OF
RUMORS SHE ATTENDED A PARTY WITH
PLAYERS, WHICH SHE DENIES.
ACCORDING TO THE COMPLAINT,
CHEERLEADERS MUST BLOCK ALL
PLAYERS FROM FOLLOWING THEM ON
SOCIAL MEDIA.
SOCIAL MEDIA. THEY CAN NEVER INTERACT WITH
PLAYERS IN PERSON OR ONLINE, AND
CHEERLEADERS ARE BANNED FROM
EATING AT RESTAURANTS IF IT A PLAYER IS DINING THERE AND MUST
LEAVE, EVEN IF A PLAYER ARRIVES
AFTER SHE DOES.
>> THIS IS AMERICA.
WE DONT NEED TO PROTECT OUR
WOMEN BY HIDING THEM.
AND THIS IS GENDER
DISCRIMINATION WITHIN THEIR OWN
ORGANIZATION.
ORGANIZATION.
>> Reporter: IN A STATEMENT TO
NBC, THE TEAM SAYS IT DENIES
THAT MISS DAVIS WAS DISCRIMINATED AGAINST BECAUSE
SHE IS FEMALE.
THE SAINTS WILL DEFEND THESE
ALLEGATIONS IN DUE COURSE.
BUT ITS NOT THE FIRST TIME NFL
TEAMS HAVE COME UNDER FIRE.
IN AN ONGOING WAGE LAWSUIT,
SEVERAL BUFFALO BILLS
CHEERLEADERS HAVE CLAIMED MISTREATMENT.HAVE CLAIMED
MISTREATMENT.
ONE REPORT CITES A COPY OF THEIR
GLAMOUR GUIDELINES WHICH SAYS THEIR HAIR MUST BE WORN IN AS
THEIR HAIR MUST BE WORN IN A GLAMOROUS STYLE, AND MUST ALWAYS
POSE FOR PICTURES
ENTHUSIASTICALLY.
ENTHUSIASTICALLY. THE OAKLAND RAIDERS ALSO FACED A
CLASS ACTION WAGE LAWSUIT PAID
OUT LAST YEAR AFTER A LEAGUE
COPY OF THEIR HANDBOOK INCLUDED
DIRECTIVES LIKE MAKE A POINT TO
FIND OUT IF A PLAYER IS MARRIED.
IN MOST CASES HE WONT TELL YOU.
>> ITS NOT FAIR.
I WORK JUST AS HARD GROWING UP
TO BE A DANCER AS A FOOTBALL
PLAYER DID.
>> Reporter: DAVIS SAYS SHES
NOT TRYING TO GET HER JOB BACK.
SHE JUST WANTS EQUAL TREATMENT BOTH ON AND OFF THE FIELD.MENT
BOTH ON AND OFF THE FIELD. GABE GUTIERREZ, NBC NEWS.
>> OKAY.
>> OKAY. ALL RIGHT.
ALL RIGHT. SO WERE GOING TO NEED TO
DISCUSS THIS, AND JOINING ME NOW
IS BAILEY DAVIS, THE FORMER
SAINTS CHEERLEADER AND HER
ATTORNEY, SARA BLACK WELL,
INVOLVED IN THIS CASE.
THANK YOU BOTH SO MUCH FOR BEING
HERE.
HERE.
>> THANK YOU.
>> MY HEAD HURTS.
MAKE A POINT OF FINDING OUT
WHETHER THE PLAYERS ARE MARRIED.
THEY WONT TELL YOU. AND IN THE BILLS CASE, NOT ONLY
DID YOU HAVE TO WEAR THE HAIR
GLAMOROUSLY, THERE WAS AN
ALLEGATION THEY HAD THEM COME,
AND THEY HAD TO WEAR THEIR
BIKINIS AND DO BACK FLIPS FOR
SPONSORED EVENTS FOR HIGH-VALUE
DONORS.
DONORS.
GREAT.
OKAY.
SO THIS IS NOT WHAT YOU THOUGHT
YOU WERE SIGNING UP FOR, I ASSUME -- I DONT KNOW ANYTHING
ABOUT FOOTBALL, BUT THE NEW
ORLEANS SAINTS CHEERLEADING
SQUAD.
SQUAD.
WHAT DID THEY TELL YOU WAS THE
POLICY WITH RESPECT TO THE
PLAYERS?
WHAT DID YOU UNDERSTAND YOU HAD
TO DO?
>> SO I KNEW THERE WAS NO FRATERNIZATION.ERE WAS NO
FRATERNIZATION.
SO NO CONTACT WITH THE PLAYERS.
I HAD NO IDEA THE PLAYERS DIDNT
HAVE THE SAME RULES.
>> WHY DID THEY SAY YOU COULDNT
SPEAK TO THE PLAYERS?
>> THEY TOLD ME IT WAS BECAUSE
YOURE A PRETTY GIRL ON THE
FIELD.
THEYRE GOING TO WANT TO TALK TO
YOU.
THEY SAID THE PLAYERS ARE
PLAYERS.
>> THE PLAYERS ARE PLAYERS.
>> ARE THEY WORRIED ABOUT THEM
LOOKING AT YOU DURING THE GAME?
>> NO, I THINK THEY -- THEY SAY
THEY WANT TO PROTECT US FROM THE
PLAYERS.
THAT THE PLAYERS ARE PREDATORS,
AND THEYRE GOING TO WANT TO
PREY ON US AND FIND US --
>> DID THEY USE THAT WORD?
>> THEY DID.
ITS IN AN E-MAIL, YES.
>> WHO IS THEY?
WHO ARE WE TALKING ABOUT?
>> OUR COACHES.
>> SO THE CHEERLEADING COACHES
THE SAINTS TOLD YOU THE PLAYERS
ARE PREDATORS AND THEREFORE YOU
SHOULDNT -- YOURE NOT ALLOWED
TO SPEAK TO THEM.
>> YES.
AND THAT IS WHEN WE WERE TOLD TO
MAKE OUR SOCIAL MEDIA PRIVATE SO
IT WAS HARDER FOR THEM TO FIND
US.
>> WHAT IS THIS BUSINESS ABOUT
THE RESTAURANTS AND ANY OTHER
PUBLIC PLACE?
>> SO THATS PART OF THE
FRATERNIZATION.
IF IT IM IN A RESTAURANT AND A
PLAYER COMES IN, I HAVE TO
LEAVE.
I CANT BE SEEN ANYWHERE A
PLAYER IS.
THAT WAS PART OF MY TERMINATION,
WAS THERE WAS A RUMOR THAT I WAS
SEEN AT A PARTY WITH A PLAYER.
BUT THEY HAD NO PROOF OF THAT.
>> SO IF YOURE SITTING AT,
LIKE, THE DENNYS, AND YOURE
HALFWAY THROUGH YOUR MEAL.
>> EATING A PANCAKE.
I HAVE TO LEAVE MY PANCAKE. AND LEAVE.LEAVE MY PANCAKE.
AND LEAVE. OR I COULD BE TERMINATED.
>> IM GUESSING YOU DIDNT MAKE
A WHOLE LOT OF MONEY AS A SAINTS
CHEERLEADER.
CHEERLEADER.
>> NO, ITS A PART-TIME JOB. >> UNDER $100,000.TIME JOB.
>> UNDER $100,000. >> RIGHT.
>> RIGHT. >> AND THE AVERAGE NFL FOOTBALL
PLAYER, WHATS THE BASE?
LIKE $300,000 TO START,
SOMETHING LIKE THAT?
SO AS BETWEEN THE TWO OF YOU,
WHO HAS GOT THE BETTER ABILITY
TO WALK OUT AND FIND ANOTHER
PLACE?
PLACE?
>> RIGHT.
>> HALFWAY THROUGH THE MEAL. WHAT ELSE? THROUGH THE MEAL.
WHAT ELSE? WHAT WERE SOME OTHER THINGS THEY
SAID YOU COULDNT DO?
>> WE CANT LIKE ANY PICTURES OF
THE PLAYERS ON SOCIAL MEDIA.
WE CANT FOLLOW THEM, EVEN IF
THE SAINTS POST IT AND THERES A
PLAYER IN IT, WE CANT LIKE IT.
IF A PLAYER CONTACTS US, WE
IMMEDIATELY HAVE TO BLOCK THEM.
ANYTHING PAST HELLO OR GOOD GAME
IS CONSIDERED FRATERNIZATION.
>> BUT THE PLAYERS, SARA, HAVE
NONE OF THESE RESTRICTIONS.
>> NO RULES WHATSOEVER.
THEY ARE ALLOWED TO DO ANYTHING
THEY WANT.
THEY WANT. AND THEY -- I HOPE ARE OUTRAGED
BY THE FACT THEYRE BEING
TREATED AS PREDATORS.
I DONT KNOW IF THE PLAYERS EVEN
KNOW ABOUT THESE RULES.
BUT WHEN THEY REACH OUT TO THE
CHEERLEADERS AND BAILEY CAN ONLY
SAY "GOOD GAME," SHE FEELS LIKE
SHES A SNOB OR SHE FEELS BAD
FOR BEING UNFRIENDLY.
>> OH, YEAH.
BUT THEY DONT KNOW ABOUT THESE
RULES.
THEY THINK THE CHEERLEADERS ARE
A BUNCH OF YOU KNOW WHAT.
WOW, THEYRE REALLY NASTY OFF
THE FIELD.
>> AND WHEN THEY DO APPEARANCES
TOGETHER, THEY HAVE TO DO THINGS
TOGETHER AND AFTERWARDS
EVERYBODY GOES OUT TO DO THINGS,
THE CHEERLEADERS HAVE TO GO AND
LEAVE.
THEY CANT BE A PART OF THE
GROUP.
>> ALL RIGHT.
NOW, LEGALLY -- LEGALLY, ARE
THEY ALLOWED TO HAVE DIFFERENT
STANDARDS LIKE THIS?
BECAUSE BAILEY WASNT A FOOTBALL
PLAYER.
>> RIGHT.
>> ITS NOT THE SAME JOB.
>> RIGHT.
PART OF THE ARGUMENT FOR GENDER
DISCRIMINATION IS THEY HAVE TO
BE SIMILARLY SITUATED.
SO IN THIS SITUATION, WHEN YOURE TALKING ABOUT CONTACTING
EACH OTHER, DATING EACH OTHER,
THOSE ARE SIMILARLY SITUATED.
SO YOU CANT SAY YOU CAN CONTACT
US AND DO WHATEVER YOU WANT, BUT
WE HAVE TO HIDE FROM YOU AND RUN
AWAY.
AWAY.
SO IN THAT SENSE, THEYRE SIMILARLY SITUATED.HEYRE
SIMILARLY SITUATED. IN OTHER WAYS, THEYRE OBVIOUSLY
NOT.
NOT. BUT ALSO IN THE SOCIAL MEDIA
ASPECT, THEYRE SIMILARLY
SITUATED, BOTH REPRESENTATIVES
OF THE SAINTS.
AND ON SOCIAL MEDIA, SHE COULD
NOT -- NONE OF THE CHEERLEADERS
CAN POST IN THEIR OUTFITS, CANT
WRITE THEYRE A CHEERLEADER.
SO EVEN THOUGH THEYRE ONLY
ALLOWED FOUR YEARS ON THE TEAM,
THEY CANT WORK ON THEIR CAREER
AND PROMOTE THEMSELVES.
>> BUT THE PLAYERS CAN.
>> BUT THE PLAYERS CAN.
AND SO THE PLAYERS ARE ALLOWED
TO SHOW THEIR PHYSIQUE, THEY
HAVE PICTURES IN THEIR UNDERWEAR
ON SOCIAL MEDIA.
ITS ALL PUBLIC.
THEY HAVE TO BE PRIVATE.
THEY HAVE TO BE VERY CAREFUL ON
WHAT THEY POST.
THEY CANT SHOW THEIR PHYSICAL PHYSIQUE. SHOW THEIR PHYSICAL
PHYSIQUE.
WHICH IS --
>> OBVIOUSLY, THE WOMEN ARE
SECOND-CLASS CITIZENS IN THIS --
I MEAN, THERES NO QUESTION THAT
YOU DONT BRING AS MUCH VALUE AS
A CHEERLEADER AS THE PLAYER DOES
TO THE NFL.
YOU WOULD CONCEDE THAT.
BUT THE TREATMENT CANNOT BE SECOND CLASS UNDER THE LAW.
>> RIGHT.
>> RIGHT.
>> LET ME ASK YOU ABOUT THE ALLEGED REASON YOU WERE FIRED.
YOU POSTED A PICTURE ON YOUR
PRIVATE INSTAGRAM.
PRIVATE INSTAGRAM.
>> NO COACHES FOLLOWED ME, NO
ONE IN THE SAINTS ORGANIZATION
FOLLOWED ME. >> SO YOU IN A BODY SUIT.
WE HAVE IT.
AND WHAT DID THEY SAY ABOUT THIS
PICTURE?
>> THEY TOLD ME IT WAS DISTASTEFUL, I HAD A DIRTY FACE
IN IT, WHICH MADE IT
DISTASTEFUL.
DISTASTEFUL.
ALSO THAT IT CALLED MY CHARACTER INTO QUESTION AND THAT I WASCTER
INTO QUESTION AND THAT I WAS INVITING PLAYERS TO CONTACT ME.
>> WHAT DOES THAT MEAN, A DIRTY
FACE?
FACE?
>> UM, I GUESS JUST SCANDALOUS. IM NOT SURE.SS JUST SCANDALOUS.
IM NOT SURE. SEXUAL.
SEXUAL.
IT WAS JUST A SERIOUS PICTURE.
IVE HAD THE SAME FACE IN PICTURES BEFORE, WHERE THEYRE
LIKE RELAX YOUR FACE, DONT
SMILE FOR THIS ONE.
SO I HONESTLY DIDNT SEE
ANYTHING WRONG WITH IT.
>> BUT THEY DIDNT LIKE THE BODY
SUIT, BECAUSE THEY HAVE A POLICY
AGAINST SEMI NUDE PHOTOS.
>> RIGHT.
>> RIGHT.
>> AND SO THE BODY SUIT WAS A BRIDGE TOO FAR FOR THEM.WAS A
BRIDGE TOO FAR FOR THEM. HOWEVER, YOUR UNIFORM --
>> RIGHT.
>> RIGHT. >> WAS JUST
LOOK.
LOOK.
[ LAUGHTER ]
[ APPLAUSE ] CAN YOU SEE WHY BAILEY MIGHT
HAVE BEEN A LITTLE BIT CONFUSED?
>> I WAS.
>> I WAS.
I MEAN, SEMI NUDE, LINGERIE -- A
SWIMSUIT IS TWO PIECE, OUR UNIFORM IS TWO PIECE., OUR
UNIFORM IS TWO PIECE. SO I WASNT SHOWING ANYTHING.
>> SO WHATS THE GOAL HERE,
SARA?
SARA?
BAILEY SAYS SHES NOT LOOKING TO
GET HER JOB BACK.
>> NO, WE ARE ADVOCATES FOR WOMENS RIGHTS AT THIS POINT.
IVE BEEN CONTACTED BY MANY OF
THE DIFFERENT TEAMS.
CHEERLEADERS.
CHEERLEADERS.
SO ITS MY UNDERSTANDING THAT
MANY OF THE NFL TEAMS HAVE THE
SAME KIND OF RULES. NHL, NBA, AND SOME COLLEGIATE
GIRLS HAVE CONTACTED ME.
SO IN THE ATHLETIC WORLD, IT
SEEMS TO BE KIND OF AN ACCEPTED,
KNOWN KIND OF WAY OF LIFE.
BUT IN CAREERS ALL OVER, WE HAVE
WOMEN IN ALL KINDS OF CAREERS,
AS LAWYERS OR ANY -- YOU KNOW,
ANY CAREER, WHERE THEY ARE NOT
BLATANTLY WRITTEN, BECAUSE
THEYRE NOT THAT STUPID.
BUT YOU HAVE THE BOYS CLUBS.
YOU HAVE THE TAKING THE CLIENTS
OUT TO STRIP CLUBS AND THINGS
WHERE WOMEN ARE KIND OF IN
OFFICE POLITICS AND UNWRITTEN
RULES, THE RULES ARE DIFFERENT
FOR WOMEN AND MEN.
AND IT KEEPS US DOWN AND FROM
BEING ABLE TO SHATTER THE
CEILING.
CEILING.
SO WERE HOPING TO ADVOCATE NOT
ONLY FOR LEVELING THE PLAYING FIELD OF THE ATHLETES, BUT ALSO
IN EVERY CAREER AND HAVE WOMEN
AND EMPOWER WOMEN TO STAND UP
AND SAY, NO SEXUAL HARASSMENT,
EQUAL PAY AND I WANT TO BE ABLE
TO HAVE JUST AS MUCH ACCESS TO
CLIENTS AS YOU DO.
>> YES.
AND PUTTING THE ONUS ON THE
MEN --
[ APPLAUSE ]
-- NOT TO BE PREDATORS, AND NOT
ON THE WOMEN TO TRY TO PREVENT
IT.
LET ME TELL YOU, MY HOPE FOR YOU.ME TELL YOU, MY HOPE FOR
YOU.
THE ALLEGATION WITH THE BUFFALO
BILLS IS THAT THEY -- THE WOMEN -- THE CHEERLEADERS WERE
NEVER ALLOWED TO BE OVERLY
OPINIONATED.
OPINIONATED.
I HOPE YOU MEET AN OVERLY OPINIONATED JUDGE THAT HAPPENS
TO BE FEMALE --
[ CHEERS AND APPLAUSE ]
-- AND WELL FOLLOW UP WHEN YOU
DO.
DO.
GOOD LUCK.
WANT TO LET YOU KNOW, WE DID
REACH OUT TO THE BILLS.