Feritunuo The Spelling Entertainment Group hired actress Hunter Tylo to appear i
ID: 422233 • Letter: F
Question
Feritunuo The Spelling Entertainment Group hired actress Hunter Tylo to appear in the television show Melrose Place. Her role was to involve the seduc- tion of another character's husband. When Tylo became pregnant, she dutifully reported her condi- tion to Spelling. The entertainment company then discharged her, arguing that non-pregnancy wasa bona fide occupational qualification (BFOQ) for the role designed for Tylo. Tylo challenged the contention that her condition disqualified her from performing her job. Can non-pregnancy be a BFOQ? Explain. [See: Tylo v. Superior Court, 55 Cal. App. 4th 1379 (CA).]Explanation / Answer
In Tylo v Superior Court case Tylo was fired from the TV show after she informed the producers that she was pregnant. However she sued Spelling Entertainment Group and Spelling Television Inc. claiming pregnancy discrimination, unlawful termination and violation of contract. Superior Court jury in the case awarded Tylo $4 million for emotional suffering and $ 0.89 million for economic loss.
Thus in the aforesaid case lawyers from Spelling Entertainment Group forcefully argued that Tylo's pregnancy condition made her appearance look too fat thus making her unfit to play the role of Taylor McBride a vixen bent who is suppose to seduce star Heather Locklear's on-screen husband.
Furthermore show's producers asserted that they indeed had a lawful right to fire her from the show as they pointed out to a clause in her contract which in fact permitted to fire her from show if there was any kind of substantial change in her appearance. They also further argued that pregnancy discrimination law does provide an exception for artistes because of the need to enumerate realistic and believability in TV shows.
During testimony they further asserted that they indeed had offered Tylo a settlement that comprised of a fresh contract and different role in the show. Furthermore their closing statement reflected on characterizing Tylo as a fraud and publicity seeker. However Tylo in the case claimed that TV show producers could have used camera tricks including body doubles and creative camera angles which indeed could have facilitated to hide her pregnancy which in fact they did with show's star Heather Locklear.
Furthermore Tylo who was in her eighth month pregnancy to prove her point that at same point of time she could be pregnant as well as sexy she use to wear each day in the court proceedings tight miniskirts to elucidate that her pregnancy could barely be seen. The jury of two men and ten women one of whom was pregnant deliberated for more than four days before reaching the final verdict.
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