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S18.E09: Nominations 3, Road Kill 3


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(edited)
20 hours ago, xtwheeler said:

That is positively nonsensical, and perhaps the most bizarre interpretation of a contractual obligation I've ever seen attempted.  

Can you specify exactly which provision of the contract Da' would herself be violating? Refusing to be subject to, as you say, "non-consensual sexual contact, physical violence or intimidation" (which you admit is specifically contractually forbidden) is not, itself, conceivably a violation of HER contractual obligations.  If absolutely nothing else, she has absolutely no obligation, contractual or otherwise, to stay in that workplace if she finds it unacceptable.  She may face penalties, she may face a prohibition on working during the time the show airs, but she cannot be physically forced to endure this assault and battery.  

Furthermore, the contract is executed and performed in California, and as such will most likely be subject to the application of California law, which has a long-established, heavily weighted public policy in favor of protecting employees from draconian contracts, as well as shielding victims from the sexually exploitative advances of co-workers.  The "she should know what she's signing up for" argument (particularly for someone who only spent barely two weeks in the house last time) is noxiously close to "she shouldn't have walked down that street" because she "should have known rapists abound."

Finally, CBS has had absolutely NO problem expelling contestants of this franchise for unacceptable behavior before, and as such has established a precedent of protecting its employees from battery (toothbrush in the toilet, anyone?).  I would argue Da' was entitled to rely on CBS's precedent of protecting its employees from crimes and torts committed by other contestants, particularly once she had expressed her disgust.  

OK, now really finally, although we know CBS is mostly staffed by morons, they're extra moronic if they are choosing the publicity that comes with the "CBS didn't protect me from sexual harassment" (which someday WILL turn into a rape claim on some TV show somewhere) over "CBS expelled these horrendous human beings for being horrendous human beings."  The perpetrators of the battery on Marcel on Bravo were expelled, and at least one was extremely  popular, and Marcel was . . . not, necessarily.  Bravo milked the good publicity from that Top Chef moment for dayyyys, and CBS would be wise to do the same.  Yes, I know I'm expecting too much from these monkeys.

But, if you have the Big Brother contract I'd be happy to see the contract provision you think Da' would be violating by refusing to be the victim of a crime.  I only have the Survivor contract, and that is a whole other ball of inapplicable wax.

I would even go further and say that such a contract -- one where show producers get to interpret what "crossing the line" is instead of the court system would be deemed counter to public policy and either void/voidable.

Civilly there are ways to write a contract to get out of liability for what happens between contestants -- but I don't know that any of those are airtight per se.

The rape claim already happened on The Challenge (MTV)....and the details are.....just disgusting.

Edited by RCharter
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Please, somebody, please tell me these house guests aren't this stupid? Frank is clearly pulling a Derek, and DA' knows it. As do a couple more people Frank is getting rid of. LIke Derek, he don't even need to win HOH to get his plans implemented. All he has to do is talk.

I swear, if this turns into another Derek/Cody shit show?

I'm out. And I'm a freakin' super fan. Can't take the more and more obvious production interference year after year. They don't even pretend any more. This is the cheapest show to produce so it's not going anywhere, but that doesn't mean the audience has to put up with their intelligences being insulted season after season.

Frank better get evicted. And soon. Or I'm gonna be really angry.

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