The Jills are part of a slew of cheerleaders issuing lawsuits
NFL cheerleaders have recently won a string of lawsuits against their employers—the wealthiest sports franchise in the world. Outside of the sports megafactory known as the National Football League, the ongoing lawsuits are considered suits of “wage theft.”
In early January 2014, a cheerleader named “Lacy T.” filed a wage theft lawsuit against her employers, the Oakland Raiders, claiming she was paid less than $5-an-hour after mandatory events and rehearsals were factored in. Her lawsuit sent shockwaves throughout the professional sports world, causing public debate about workplace exploitation, fair wages, and the treatment of women in a male-dominated environment.
In the following months, lawsuits were filed against several other teams including the Buffalo Bills, the Cincinnati Bengals, the New York Jets, and the Tampa Bay Buccaneers. Many cheerleaders, exhausted with performing extensive routines with little pay and no benefits, said that it was about time.
Unfortunately, in the two years since the initial lawsuit, little has changed in favour of the cheerleaders. The culture around women in the professional sports community, and the amount paid to cheerleaders for their labour, remains much the same. Four of the lawsuits were settled, with teams agreeing to pay out more than $2.5 million in back-wages, but the teams admitted no wrongdoing. Regardless of settling or losing lawsuits, many teams have no interest in going beyond what is legally required of them. The Raiders, for example, are only paying their cheerleaders the legal minimum wage of $9-an-hour.
In January 2016, the cheerleaders for the Buffalo Bills won the right to go ahead with their class action lawsuit demanding better wages. Five former cheerleaders have filed individual suits but a New York judge’s ruling, delivered this week, will allow “all Buffalo Bills cheerleaders and ambassadors since April 2008” to come together on the suit.
At the core of these cases is how the cheerleaders are categorized, and thus employed, by the teams. Many NFL teams hire cheerleaders as independent contractors and not employees. Therefore, they aren’t entitled to certain wage and workplace rights.
The Jills, cheerleaders for the Bills, claimed that they were paid below minimum wage and were required to attend unpaid events. They claimed that they were also required to adhere to strict dress and behavioural codes. The Bills controlled everything from the music they used to their physical appearance.
In a statement, the Bills said they intend to appeal the ruling and fight the allegations. “It remains our position that this case is being prosecuted by a very small number of former cheerleaders whose allegations do not accurately reflect the sentiment of all cheerleaders,” the team said.
Another part of the problem is the glamorization of the cheerleading profession. Cheerleaders are told over and over again that they are lucky to be cheerleaders. That of the thousands of young women who auditioned, they were one of the lucky few chosen to perform for millions. The cheerleading world has become a culture of privilege, and many cheerleaders have stated that they fear speaking out for losing their platform.