Legal Question in Entertainment Law in Mississippi

Ageism

I am a well-regarded entertainer. Recently I was hired to play music at a large corporate venue in which they obviously cater to the YOUNG.

I have an agent who represents me...he is older as well (over 60) and is also a highly regarded entertainer. He was told by the corporate boss that he didn't think that ''grandpas'' could do the job. Then I showed up. 50 years oldChinese and a woman ...still a solid entertainer. I was fired and not given a reason, and replaced by a 20 something year old entertainer. I was told that I ''wasn't right for the room,'' although the audience loved me.

It is the corporate bosses' opinion that he only wants YOUNG people to entertain in the room even though the last 6 entertainers that were booked in the room were well-seasoned and well-regarded entertainers(but all over 55). There have been many comments by bosses and staff about ''grandpas'' and old farts and such. Is this considered discrimination? I assume it is a yes, but do we have any recourse as self-employed entertainers? I myself believe that I was let go not only because of age, but because of ethnicity and gender. ( I am a woman ) The entertainment venue was SPECIFICALLY set up to cater to the young&has only young staff.


Asked on 6/07/09, 5:00 am

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

Re: Ageism

I am not licensed to practice in MS, and I have no knowledge of MS employment law. However, I will give you my initial thoughts on the matter if you will consider it as general feedback and not legal advice.

I am seeing this as more of a contract issue than an employment law issue. First, were you actually "hired"? Your agent sent you to a venue to perform knowing that the coporate sponsors wanted younger performers, correct? You need to take that issue up with your agent and find out if your agent entered into any sort of contract with the corporate sponsor to provide performers for the venue. I suspect your agent did not have a contract but sent you to the venue hoping you would be hired to perform. If this is accurate, then you were never "hired", so you could not be "fired."

In general, discrimination based upon age is prohibited. But, an employer still has latitude to hire a particular demographic if the attributes of that demographic are necessary to perform the job function. It looks like, in this situation, the corporate sponsor simply did not want to hire you, and I don't think s/he is under any legal obligation to do so.

If there are any contracts involved with the corporate sponsor, they need to be carefully reviewed by an attorney to determine your rights, if any. In addition, if your agent is sending you to inappropriate venues, you should examine your contract with the agent to determine whether he has breached the terms of your contract (such as, using 'best efforts' to promote you and obtain suitable employment).

On a personal note, please use the race and gender card sparingly. After all, you have earned your name as a well-respected entertainer as an asian american woman! I am sure there are many other audiences who will appreciate you.

With Best Regards,

Sarah

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Answered on 6/07/09, 8:28 am


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