accusing the team of discrimination and setting a different set of rules and standards for cheerleaders that don't apply to male players. The cheerleaders must block players from following them on social media and can not post photos of themselves in Saints gear, denying them the chance to market themselves.
The complaint says that Saints cheerleaders received guidance verbally and via email that outlined the ways cheerleaders should avoid interacting with National Football League players. "I obviously want equal rules for the players and cheerleaders, I want to be treated like a professional athlete just like the professional football players are treated like professional football players", Davis said.
Though the Saintsations website still lists Bailey Davis as a member, the 22-year-old dancer says she was sacked after three seasons with the squad for posting a photo of herself in a one-piece outfit to Instagram.
"If the cheerleaders can't contact the players, then the players shouldn't be able to contact the cheerleaders", Davis' lawyer Sara Blackwell told The Times.
Lawyers for the Saints told the Herald-Tribune Monday the team did not discriminate against Davis because of her gender.
Cheerleaders are also prohibited from making eye contact with players and risk termination if she responds to a player's greeting or advance with anything more than a "hello" or "great game". And Lora Davis added, "I'm super-proud of Bailey and the action and the stand that she's taking over this".
According to the Saints' handbook for cheerleaders, as well as internal emails and text messages reviewed by The New York Times and interviews with Davis, the Saints have an anti-fraternization policy that requires cheerleaders to avoid contact with players, in person or online, even though players are not penalized for pursuing such engagement with cheerleaders.
The attorney said: 'At the appropriate time and in the appropriate forum, the Saints will defend the organization's policies and workplace rules. Always had to double check for Instagram posts, we were always checking on each other, you know, 'maybe don't post that.
Davis' claims were first reported by The New York Times.
A group of Tampa Bay Buccaneers cheerleaders won a $825,000 lawsuit against the team in 2015 after one member alleged she was paid less than $2 an hour while with the team for two seasons.
Davis's case will not be used to reverse a wrongful firing claim, but instead use to reverse team policies which she feels have been unfairly harsh to cheerleaders. "We have people arguing and fighting for equal rights and pay; we have people fighting against sexual harassment with the "Me Too" movement and I think that we need to make sure that the unwritten rules going on in the workplace are gender neutral", Blackwell said.