Legal Question in Constitutional Law in New Jersey

TV Game Shows Covered by Age Discrimination Laws?

I recently took a qualifying written test to appear on a game show in NYC. I passed the test and therefore qualified for Step 2, that is, a personal interview, after which those for the contestant pool would be selected. All of the interviewers were in their early 20s. The contestants who have appeared on the show are disproportionately young. We interviewees were told that being selected for the contestant pool wouldn't guarantee that we'd be called to appear as contestants, but that everyone interviewed would receive a postcard saying whether we were selected for the pool or not. My postcard told me that I was not selected. But everyone I know in my age range who passed the initial test has also been turned down. Since I am relaxed, hip, not bad looking, and with a great sense of humor, I am convinced - based on the same fate as others of my age and the very few actual contestants of similar age - that there is ageism involved. Is there any legal recourse? If so, what bureaucratic venue would handle it?


Asked on 9/13/04, 12:15 am

2 Answers from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: TV Game Shows Covered by Age Discrimination Laws?

If you are comparing this situation to one in which a prospective employee believes they are being discriminated against due to age, and wished to file a federal age discrimination complaint, you would need to involve an agency such as the Equal Employment Opportunity Commission. Generally, such complaints can be filed in parallel with a complaint under state or local law, if there was in fact a violation of state or local law.

The facts as you state them are somewhat ambiguous. You do not indicate that you actually have any proof of age discrimination other than anecdotal/personal experience. Additionally, trying out as a contestant for a game show may not be considered equivalent to applying for regular employment with an employer.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 9/13/04, 10:37 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: TV Game Shows Covered by Age Discrimination Laws?

Yes, under both NY and Federal Law. But from your question I can not tell whether what you describe is truly a dispoportionate discriminatory practice, or just seems like one.

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Answered on 9/13/04, 1:00 pm


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