Former Saints cheerleader files discrimination complaint over firing

METAIRIE, La. -- A former New Orleans Saints cheerleader believes she was fired over what her attorney described as "antiquated" and "blatantly discriminatory" social media and fraternization policies that are different for female cheerleaders and male players. She has filed a complaint with the Equal Employment Opportunity Commission and has requested arbitration hearings with both the team and the NFL.

The cheerleader, Bailey Davis, was fired in January, in part because she posted a picture on her private Instagram account showing her in an outfit similar to a one-piece swimsuit that the team determined was against its policy. She also said she had been accused of being seen at a party with a player before that -- a claim she denied.

Both Davis and her mother, Lora -- a longtime choreographer for the Saintsations dance team who resigned over this incident -- said they don't believe the policies are fair since players are not held to the same standards. They argue that players are not forbidden from trying to contact or fraternize with cheerleaders and that players' social media accounts are not restricted in the same way.

Davis' claims were first reported by The New York Times. Attorneys for the Saints replied with the following statement: "The New Orleans Saints do not tolerate discrimination of any kind, and (the organization) specifically denies that Ms. Davis was treated any differently on account of her sex. The organization looks forward to clearing itself of any wrongdoing with regards to its policies and workplace rules."

The NFL did not immediately respond to a request for comment.

Davis and her mother both said it didn't really dawn on them how unfair the different policies for players and cheerleaders were until the meetings that led to her firing. And Lora Davis added, "I'm super-proud of Bailey and the action and the stand that she's taking over this."

"I hope the NFL will see how unfair this is and change the rules to where we have the same rules as the players and we're treated equally as professional athletes," Bailey Davis said. "We shouldn't be treated like this. There's no reason that things need to stay like this and that my character should have been called into question over something like this."

Davis said cheerleaders were recently required to make their social media accounts private so that players can't contact them. And they are forbidden from identifying themselves publicly as members of the team.

Davis' attorney, Sara Blackwell, shared documentation and emails showing such policies -- including specific rules that cheerleaders can be terminated if they exchange numbers with anyone from the Saints or NBA's New Orleans Pelicans or any other NFL or NBA team; message them on social media; appear in the same VIP section in a club or the same dinner table; or "even had a conversation with one of them that lingered beyond a professional 'hello' or 'great game.'"

Davis and her attorney claim that the policy is so strict that if a player enters a restaurant that a cheerleader is in, the cheerleader has to leave.

Their copy of the Saints' regulations also states that posing for "nude, semi-nude, or lingerie photography is strictly prohibited and terms for immediate dismissal." Blackwell said Davis was wearing part of a Halloween costume in the picture in question, which she said was taken by a professional photographer. But even if someone wanted to argue that it was lingerie, she believes the policy is discriminatory. Her legal documents included photos that Saints players had posted of themselves without their shirts on.

Blackwell also said the restrictions on the cheerleaders from promoting themselves publicly "stifle" their chances at post-NFL careers since they are only allowed to be Saintsations for four years.

"The NFL owners are all meeting this week in Orlando. I would like it if they would talk about changing these rules to be obviously equal," Blackwell said. "They're treating the players as if they're predators to the cheerleaders and that they're protecting the cheerleaders like it's 1950. And I think that it's antiquated. ... Obviously if there's a player who's trying to hurt a cheerleader, we want to protect the cheerleader. But that's not the case.

"I think they're both representatives of the Saints and the NFL. And I think those rules should be equal."