Last Thursday former Indianapolis Colts cheerleader Malori Wampler filed a lawsuit against the team contesting her November 15, 2010, termination by club.
(Click-through photo is not-safe-for-work. Obviously.)
Wampler was fired after a Colts fan forwarded the club photos of her wearing only body paint at a 2010 Playboy Magazine promotional event.
According to the lawsuit, before Wampler took a job with the team she notified the Colts of her previous employment with Playboy - and the nature of that employment. The complaint also states that after Colts officials were informed of that fact, they determined that Wampler’s past employment by Playboy “was not an issue.”
But rather than merely contest the veracity of the team’s decision to fire her over the photos because it allegedly violated club policy, in the U.S. District Court filing Wampler’s attorney Kimberly D. Jeselskis also claimed, “The Colts terminated Wampler because of her sex” and “the Colts terminated Wampler because of her race and national origin.”
More from Wampler attorney Jeselskis in the U.S. District Court filing:
- Wampler met the Colts legitimate performance expectations.
- Wampler was treated differently than other “similarly situated” male and female employees.
- As a result of the Colts discriminatory acts, Wampler has suffered and will continue to suffer monetary damages and damages for mental anguish and humiliation unless and until the Court grants relief.
- The Colts acted with malice or reckless indifference to Wampler’s civil rights thereby entitling her to punitive damages. Wampler is entitled to recover reasonable attorneys’ fees and costs incurred in this action.
Wampler claimed sexual discrimination in the lawsuit primarily because Colts players were not dismissed from the club despite engaging in off-field behavior that was allegedly much worse than what the Colts cited in firing her.
Wampler claimed racial discrimination after citing in the lawsuit instances where caucasian cheerleaders were not fired despite, again, engaging in off-field behavior that was worse than why she was apparently let go by the team. (Wampler is Indonesian.)
So what exactly does Wampler want from the Colts? From her attorney’s court complaint:
- Require the Colts to reinstate Wampler;
- Award all lost wages Wampler has sustained or will sustain as a result of the Colts conduct (Colts cheerleaders are paid $100 per game.)
- Awarding front pay in an amount equal to the wages that Wampler may reasonably be expected to lose after trial as a result of the Colt’s unlawful conduct should the Court determine that an order requiring the Colts to reinstate Wampler as a Colts Cheerleader is not feasible or appropriate;
- Awarding compensatory damages in an amount to be determined by a jury to make Wampler whole for the mental anguish, emotional distress and other non-pecuniary damages she has suffered because of the Colt’s unlawful conduct;
- Awarding punitive damages in an amount to be determined by a jury to punish the Colts for its unlawful conduct which was malicious or undertaken with reckless indifference to Wampler’s rights and to deter others from similar conduct
- Awarding the costs of maintaining this action, including an award of reasonable attorneys’ fees
On its face, it seems rather hypocritical that the Colts, who employ cheerleaders for their sex appeal and have them promote the team while scantily clad in public, would fire such an employee for wearing body paint at a promotional event in which she was not associated with the team.
Especially considering Wampler told the team of those previous activities before the club agreed to hire her.
Though her case is based on a seemingly salient point, Wampler probably won’t get much out of it unless the story gets national media attention. Especially from the entertainment media.
Then things might get more interesting than the current reason most people care about the case: ‘where can I find those body paint photos?‘
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6:41 am on May 11th, 2011
Publicity may get her a Playboy shoot.
8:18 am on May 11th, 2011
That’s Some amateur body paint work.
11:03 am on May 11th, 2011
Her lawyer is obviously trying to get this dispute away from contract law and into discrimination law. I’m assuming that the contract includes some sort of moral’s clause, possibly in terms of the club having unfettered discretion to fire anyone who engages in conduct, past or present, which could be deemed embarrasing to the club.
But the discrimination angle brings up some good points. As far as race discrimination, it could hinge on some factual issues with respect to the other cheerleader’s conduct which was overlooked. But the sexual discrimination claim is what makes this really interesting. How can the club justify holding the cheerleaders to a higher standard than those applied to the team itself, as well as it’s coaches and staff? I’m assuming that body paint isn’t an issue, but can you imagine a trial where there are weeks of testimony about the off-field shenanigans of the players, who were allowed to remain on the team?
11:24 am on May 11th, 2011
I’m a good finger painter………………can I help out?
12:08 pm on May 11th, 2011
R,
Good questions. Questions that may prevent Colts from fighting this. Will be interesting to see what happens.
1:03 pm on May 11th, 2011
At Will employment means this loser will get nothing.
1:32 pm on May 11th, 2011
What a waist of time, shows nothing of her nipples or anything, and they said it was (body) art….
3:46 pm on May 11th, 2011
She is so stupid . . . She’s butt-ugly and skinny at the same time . . . She should have cosidered herself lucky to even have a job.
6:19 pm on May 11th, 2011
Kind of stupid to fire her over this when the majority of the NFL teams put their cheerleaders in body paint for the swimsuit calendar.
7:41 pm on May 11th, 2011
she actually georgous… and they were lucky to have her on the squad. she’s got the best body AND she beautiful.. they were stupid to fire her in the first place. The major point of this is that the pictures dont show anything and she will win.
8:18 pm on May 11th, 2011
I’ll pay her $180,000 for her to come play down here!
10:00 pm on May 11th, 2011
@cowboy82nd: you’re obviously a chick, a jealous one.
1:28 am on May 12th, 2011
She’s just a greedy goldigger who wants a big payday. Yeah, I believe she really told the Colts about her past. And I believe she’s an astrophysicist too. No doubt she needs recompense because her colleagues at NASA now think less of her.
She’s the kind of leech who is an insult to real victims of discrimination. This lawsuit is as devoid of genuine-ness as her vacuous smile. She’s a leech, pure and simple. Anyone who takes her seriously is as empty-headed as she is.
4:10 pm on May 12th, 2011
Daring Girl …
6:41 pm on May 12th, 2011
Maybe she hasn’t worked for Playboy since she became a cheerleader is because Playboy didn’t ask her to come back to work. Maybe she didn’t get that breast enhancement and Brazilian butt lift that she promised……….
10:38 pm on May 12th, 2011
At Will Employment doesn’t mean you can fire all your black workers. Or all your Jewish workers. Or all your female employees with questionable hobbies while keeping all your male employees with questionable hobbies. Drunk punters swimming in the canal, anybody?
12:50 am on May 13th, 2011
Compare her body paint photo with photos from the Colts 2010 Cheerleaders Swimsuit Calendar which can be found on the Colts own website. It shows the moral level of the Colts organization. If Peyton Manning posed nude for a national publication, would he be fired?
11:37 am on May 13th, 2011
this is why my team doesnt have cheerleaders. who really cares.
2:35 pm on May 13th, 2011
Nothing wrong with her pics IMO.
4:51 am on May 14th, 2011
This is the top post of the day w/ 3,811 views. The #2 post? “Tressel breaks promise, Ousts Football PR Person” w/ 285 comments.
I’m just saying…
9:46 am on May 14th, 2011
What did the Colts hire her for?? Her business management skills?? Give me a break, she posed naked, that’s all. She doesn’t hurt anyone by doing so. When will so many people in this “extremely puritan” country realize that they are full of HYPOCRISY? Everyone here has sex with everyone, cheats…and then you can’t show a nipple on public tv?? Sad…
10:49 am on May 14th, 2011
Con lo buena que esta la colega, y ustedes se dedican a criticarla y taparla, vaya mojigatos que estais en estados unidos.
Viva España
11:32 am on May 14th, 2011
Y encima es imposible encontrar las fotos sin circulitos!
Donde estan! jaja
Viva España!
8:49 pm on May 14th, 2011
joder! lo mismo ya peine todaaaa la web y nada de la maja esta!!! monita taaa preciosaaa!!!
10:24 am on May 15th, 2011
Coño, lo bueno de escribir aquí es que no te censuran los hijosdelagranputa de los webmasters, está bien esto.
Es una putada que no se le vea en la foto la pipa del coño.
Por cierto, qué hipócritas los que la han echado, si lo que buscan con las cheersleaders es precisamente calentar al personal, qué más dará que enseñe el chocho.
Puto puritanismo.
Bueno, ahora seguro que se hace famosa y gana más pasta, a ver si si nos enseña el chocho como Dios manda.
11:13 am on May 15th, 2011
That poor girl!!! She has parts of her body missing. What disease can cause such a thing?
2:34 pm on May 24th, 2011
I live in Indy. It’s a ‘no-cause’ state. They can fire you for any reason.
8:53 pm on May 25th, 2011
i live in Indy also SteveW, and “at-will” employment/”no’cause” don’t protect against discriminatory firing.
3:28 pm on June 6th, 2011
Ok, she has a wedding ring on? Husband must be banging other women also..and is it me ..but her head seems tiny for her body..seriously though…mone grubber all the way.. isee people in car accidents lose limbs or cancer and she complaingin about being let go..cmon…its all about the money cuz she cant make any on her own…she’s a bimbo cheerleader..at 27 yrs old making a 100 a game…really? see her at the nearest strip club coming to you.
4:54 pm on November 2nd, 2011
As usual, extreme views come out when a naked woman gets shown in public.
11:40 pm on January 13th, 2012
I like the advertising painted on her for the Vodka, I have more issues with that, than her being naked, and I hardly have any issues with Vodka.