Idol Sex-Harassment Suit Sent to Arbitration

Thu., Jun. 21, 2007 11:27 AM PDT by Josh Grossberg

Memo to prospective American Idol staffers: Read the fine print.

A California judge has ordered a lawsuit brought by a former Idol employee against the show to be decided by arbitration in accordance with the contract the man signed with producers of the Fox talent contest.

Magdaleno Olmos, who worked as a assistant production accountant, sued American Idol Productions, Fox, Fremantle Media and season-four contestant Mario Vasquez for wrongful termination in March, alleging he was fired after complaining to executives about Vasquez. In his complaint, Olmos claimed Vasquez made several unwelcome advances in February 2005, including exposing himself in a men's bathroom.

The aspiring popster voluntarily quit Idol's top 12 the following month, citing "family reasons," despite having developed a notable fan base. Speculation at the time suggested Vasquez exited to pursue his own singing career and he didn't want to be tied down to American Idol's legendarily restrictive contracts. However, the lawsuit contends Vasquez really left the show only after Olmos alerted his superiors to the sexual harassment.

Olmos had been seeking unspecified compensatory and punitive damages for "economic losses, depravation of civil rights, humiliation, physical anguish, and mental and emotional distress."

Tuesday's ruling by Superior Court Judge Michael C. Solner was a setback for the plaintiff, denying him the chance to air his claims before a jury and, if convincing, possibly reap a huge financial windfall.

Instead, Olmos will have to content himself with whatever a third-party mediator deems the most fair and equitable settlement. Such a resolution often works to employers' advantage and results in smaller payouts, if any.

"It's the right decision," defense attorney George R. Hedges told the L.A. Fox affiliate KTTV after Solner's order, adding that "[Olmos'] claim has no merit."

There was no immediate comment from Olmos' lawyers, Matthew Matern and Thomas Campbell.

Campbell had argued in court that his client deserved a full hearing before a jury of his peers because it is unclear whether Olmos was given a company handbook detailing the arbitration process. The attorney also suggested that the language contained in the arbitration rules were unfairly tilted in favor of the Fox, American Idol Productions and Fremantle Media.

Vasquez, whose self-titled debut went bust shortly after its release last September, could not be reached for comment. Olmos' complaint paints a graphic picture of the 29-year-old singer's alleged misdeeds, accusing Vasquez of tailing Olmos into a bathroom and "masturbating" in front of him, as well as touching "plantiff's chest, plaintiff's stomach underneath his shirt and plaintiff's genitals as Vasquez attempted to unzip plaintiff's pants."

Olmos claimed he related the incident to his supervisor, Eric LaPointe, who responded that such claims were "crazy" and that Olmos was imagining things. Per the suit, LaPointe said that if Olmos didn't stop complaining, "he'd cry [himself] out of a job."

In addition to wrongful termination, Olmos accused his former Idol colleagues of violating the California Fair Employment and Housing Act.