Is ABC Committing Sexual Discrimination With All Female ‘View'?

Photo of Noel Sheppard.

Yale law professor Ian Ayres raised a very interesting question Tuesday: Is ABC possibly committing sexual discrimination by only hiring women as hosts on the daily coffee klatch "The View?"

Great question, wouldn't you agree?

In an article posted at Balkanization blog (h/t Ann Althouse via Glenn Reynolds), Ayres began his analysis of this issue by first looking at the recent announcement that comedian Drew Carey would be the new host of the "The Price is Right."

His concern was raised when former "Price" host Bob Barker said the following last month:

Story Continues Below Ad ↓

Now, whether they want a lady host, I don't know. I've never heard that discussed. As far as I know, they've only auditioned men.

Ayres noted (emphasis added throughout):

The possibility that the producers of the show don't "want a lady host" is the possibility of a Title VII violation. Title VII prohibits sex discrimination in employment unless the employer can establish what's called a BFOQ or "Bona Fide Occupational Qualification." The EEOC Guidelines do allow intentional sex discrimination in hiring an actor or actress where the sex-specific roles are necessary for the "purpose of authenticity or genuineness," see 29 C.F.R. § 1604.2(a)(2). But there is no way that the producers could establish that sex was a BFOQ for being host of "The Price is Right."

Fascinating. So, how might this relate to "The View?"

The same conclusion probably holds true for hosting "The View." The thought that only women could host a talk show would be difficult to square with existing case law. Probably a dozen different hosts have been employed by The View. They have all been female. There is little doubt that the producers of that show discriminate on the basis of sex in hiring.

Seems to be the case. Althouse commented (emphasis added):

The idea of lawsuits over such things seems ridiculous. But exactly why is it ridiculous?

Personally, I feel insulted by what the networks put on TV during the day. The whole line-up makes the statement: This is what we think women are. Or: This is what we think nonworking women are. Not that I wish I could sue. I'm just offended.

Reynolds saw it differently: "Bring on the lawsuits."

I comically agree.

*****Update: Matt Sheffield points out that NBC had an all-male talk show in 2001 called "The Other Half." It didn't last very long.

—Noel Sheppard is the Associate Editor of NewsBusters.


Comments Policy

All comments are owned by whoever posted them and are subject to our terms of use. They should not be assumed to represent the views of NewsBusters.

Viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

CBC also comes to mind.

The Congressional Black Caucus also comes to mind. (;~/gh

Up until recently, I would

Up until recently, I would have whole-heartedly agreed with you on this statement. However, my recent change of heart came via a talk show I listen to on XM, although I can't remember which one, as I have over a dozen I flip through during the course of the day... Black this-or-that (Congressional Caucus, Student Union, etc) don't necessarily do this based on race, as much as perceived ethnic background. The term 'Black' can be viewed as both, as opposed to white, which pretty much is strictly race. It would almost be on par with an Irish Congressional Caucus, or maybe a Baptist Student Union. Both have some sort of common background.

A White Student Union, however, would incorporate backgrounds so varied they would invariably have more subsets than people (Irish, Italian, Christian, Jewish, Blondes?, Anarchists, Liberals, Conservatives, Libertarians (lest I get called out for ALB *grin*).

That said, white I know that the CBC doesn't reflect the views of all Blacks, I know that they put on those airs, and pretend to, even if all they do is keep a brutha down.

 

Noel

Really?

Ditto...

ROTFLMAO

Since when do stay at home women want to listen to a man...that's why they stay at home. The panel is appropriate for the show's target audience.

Not sure of the liberal bias issue here.

LK

LK,

Well, let's assume that Fox News wanted to do an evening talk show where only men were invited on. Think this would cause a squawk? Think they'd be sued?

There's your liberal bias. ns

Noel...

Do you mean like Hannity and Colmes?

LK

LK,

The show is named after them. Are you suggesting FNC should have gotten a woman to play the part of Colmes? ns

Noel...

First, there are plenty of males and females named Hannity or Colmes, so the name of the show is irrelevant.

Do you consider this liberal bias because you see this as "reverse" discrimination, or at the least, that is how someone else sees it?

LOL that would be like

LOL that would be like suing Rush Limbaugh for sexual discrimination for only hiring the one, the only, MALE Rush Limbaugh. LionKing, are you really this silly?

I really think that questioning others' masculinity is a game probably better left to people who haven't had more cock in and out of them than a Tyson Chicken regional distribution center. AceOfSpades 06162007

dmntd1...?

Ummmmm...what? If you are referring to the name of the show reference, that was indeed a tongue-in-cheek joke.

If not that, I do not understand your post.

LK

LK,

I think you're badly missing the professor's point. If "Price" producers only interviewed men to replace Barker, that's discrimination. As "The View" has had something like twelve hosts, all women, his belief is that those producers are clearly also exclusively looking for women. That's discrimination.

If there was an analogous situation where it was just men for this long a time, with this many changes in staffing, I believe NOW and other groups would have filed a lawsuit. Make sense? ns

Have they filed suit

Have they filed suit against The Best Damn Sports Show?

Balboa

B,

How many changes in hosts have occurred since the program started? Also, they do have female hosts so to speak, correct? Like Leann Tweeden for example. Right? As such, it is not exclusively hosted by men. ns

I don't know. How many has

I don't know. How many has The View had.

Noel...

I think I got it. Sorry, I was a little slow on this, but I finally got it. Not being litigious in nature and scarred from reverse discrimination, I had trouble identifying with the professor.

[Really, I was not purposely beind daft.]

No sexual discrimination with Hannity and Colmes

What is this string of posts all about...Colmes is a woman.  There is no sexual discrimination going on with hannity and Colmes.  Am I missing something?

Red v. Blue Charity Link

I think its the matter of

I think its the matter of convenience issue. If it was an all male show looking for a new panelist and no consideration was given to a female member, one wonders if certain groups that tend to skew to the left would probably be up in arms about it.

Men have "Best Damn Sports Show Ever," women have "The View." It works.

*****

"I'm sorry, you must have mistaken me for a clown that gives a damn!" - Sticky the Clown

What?

Since when did ABC have all women as hosts? When did they EVER have a woman as a host?

Sexists?

Aw, come on. We all know women can't be sexists, just as blacks can't be racists.

NEVER,NEVER trust a liberal

Sex Discrimination

So what's next? Female dramatic acting roles  played by men in drag?  Can anyone say Tootsie?

I recall one time that

I recall one time that Harvey Fierstein likened heterosexual actors playing homosexuals was as bad as blackface.

No comment as far as I can tell on what he things of homosexual actors playing heterosexual characters.

I mean, imagine a casting director saying, "I'm sorry, you are too gay for this role."

*****

"I'm sorry, you must have mistaken me for a clown that gives a damn!" - Sticky the Clown

They don't have to. That's

They don't have to. That's what the phrase "Don't call us, we'll call you" is for.

  This "No comment as

 

This "No comment as far as I can tell on what he things of homosexual actors playing heterosexual characters" would be a let down for all the fans of Rock Hudson.

Nuke em til they glow then shoot em in the dark.

They might not have said it

They might not have said it out loud, but in that industry I bet it is thought all the time....

 

 

 

Didn't they already employ a man?

Oh wait a minute, I thought Rosie O'Donnell was a man.  Everytime I tuned in she was talking about sleeping with women. 

Men have "Best Damn Sports

Men have "Best Damn Sports Show Ever," women have "The View." It works.

Speak for yourself... The women you are talking about are liberal women, IMO. I would rather watch BDSS than the view anyday.

BTW, who gives a damn who they hire?

They had a version of the view that was male, a few years ago, I forgot the name but it had Mario Lopez and Danny Bonaduce and like 3 others. It was terrible.

Noel, Wasn't the original

Noel,

Wasn't the original intent of the show to be a sounding board for women's 'views'?

My impression is that the selection of an all-female panel was purposeful.  Right? 

Part of me feels like I'm falling for a practical joke by responding to your post.

The View was made to express WOMEN's views expressly, hence the all female hosting group. 

You don't actually think this is sexist do you?

Gee, I thought that

Gee, I thought that was the function of all-male clubs - the ones the government forced to accept women. So, is it ok to discriminate as long as one is up front about it?  

The dogs bark, but the caravan moves on.

- Arabian Proverb

Chris, You're joking

Chris,

You're joking right? 

 1)  It's a show for women whose express intention is to deliver information/conversation from a female perspective for a female audience.  Why would they have a male host?  That wouldn't make any sense within the context of the show. 

2)  There are currently 20+ golf clubs in America that are still male only so I'm not sure what clubs you're referring to where the government forced them to accept women, b/c it didn't happen at any of those golf clubs.

Seriously, claiming the View is sexist might be one of the most innane accusations I've ever seen.

Leon, No, I really don't

Leon,

No, I really don't care if a bunch of silly women sit around and yak while a camera tapes them. What I find interesting are liberals like you who demand reasonableness from us when we point out things we find hypocritical, but are outraged beyond all sense of proportion, when you are (inevitably) offended by something that we think innocuous.

The dogs bark, but the caravan moves on.

- Arabian Proverb

I fail to see how a

I fail to see how a employing a group consisting solely of women hosting a show to express women's views whose intended audience is women is in any way hypocritical.

Why is a show needed that

Why is a show needed that shows only women's views? Are they saying their viewers care only about what women say? Are women's views somehow different from the views of men? Why? I thought women were the same as men, except for physical characteristics. If women's views are different, just because they are women, does this mean women think differently because of a physiological reason? Psychological? Therein lies hypocrisy, like it or not. If I was a woman, I'd be insulted by this concept as much as I would be at the insipid "movies for women" on the Lifestyle Networks.

The dogs bark, but the caravan moves on.

- Arabian Proverb

Why is a show needed that

Why is a show needed that shows only women's views?

"If you build it, they will come.

Are they saying
their viewers care only about what women say?

No, because they do have male guests.

Are women's views somehow
different from the views of men?

Have you ever spoken to a woman?

Why? I thought women were the same as
men, except for physical characteristics.

They are the same, except...they're women.

If women's views are
different, just because they are women, does this mean women think
differently because of a physiological reason?

No idea. Probably something in the DNA, plus how they're raised, plus their environment.

 

Oh, Balboa. How male

Oh, Balboa. How male chauvinist of you... 

The dogs bark, but the caravan moves on.

- Arabian Proverb

Guess I was born in the

Guess I was born in the wrong decade.

The mid '90s? The dogs

I'm guessing the mid '90s.

The dogs bark, but the caravan moves on.

- Arabian Proverb

Zing!

Zing!

Chris, First of all your

Chris,

First of all your post has nothing to do with the debate and I'm not sure why you're asking me WHY. 

But I'll bite, cuz I always do.

I'm pretty sure it's called targeted marketing. 

What types of people are watching tv during the day?

Women.

Who do you think tv programmers/advertisers are going to gear their programming towards during these hours then?

Women.

Seems like a pretty simple concept.  Not sure why you aren't seeing this.

 

  I addressed why the

 

I addressed why the whole concept is hypocritical. I can explain it to you. I can't understand it for you.

The dogs bark, but the caravan moves on.

- Arabian Proverb

Sorry I'm not seeing your

Sorry I'm not seeing your explanation anywhere.

Good business is hypocritical?  is that what you're saying?

Like I said, I can't

Like I said, I can't understand it for you. 

The dogs bark, but the caravan moves on.

- Arabian Proverb

Oh and Chris, Did you

Oh and Chris,

Did you find any of those all-male clubs that were forced to allow women to join by the government?

It seems strange to me that the government would only force some clubs to end their all-male membership but not others.  Hmmmm

I don't know, I'll leave

I don't know, I'll leave those deep thoughts to you... 

 

The dogs bark, but the caravan moves on.

- Arabian Proverb

1. Because it's the law,

1. Because it's the law, and specifically it's a law these whining harpies support very-much when it's applied against various businesses not-owned by Baba Wawa. If this isn't both sexist & an obvious double-standard, what is it?? And male Hooters girls didn't make any sense in the context of Hooters, either, but Hooters still had to settle an EEOC lawsuit -- what exactly is different about "The View" aside from the politics??? Don't we live in a nation of laws? Why isn't the government spending taxes to harass the sexists of TV if they spend taxes to stop Hooters from being Hooters??

2. Irrelevant, we're discussing a TV show business discriminating, not a game, and besides, those golf clubs are probably under more pressure to change policies than "The View" is.
JMR

Sarc, 1)  Isn't it only

Sarc,

1)  Isn't it only the law when a man and woman are competing for a job where sex doesn't matter, i.e. corporate america?  If part of the job description is to be a woman, how can it be sexist to not allow a man to interview?  For example, if I'm a women's fashion designer, am I being discriminatory if I only hire women to wear the clothing during my fashion show?

2)  talk to Chris Norman.  He used all-male clubs to challenge my argument.  I agree that it's irrelevant.  I was simply responding to his claim (which was subsequently shown to be false anyways)

1. That's an issue for the

1. That's an issue for the courts, but isn't "Hooters Girl" a pretty female description of a job? A man sued to become one anyway, and my tax dollars were used in his attack on Hooters instead of this BS being tossed the hell out of court. Why should "The View" be any different??? The law is the law, should it not apply equally instead of only to those who don't have PC views of females???
2. I'm not him, go talk to Chris yourself about golf. I'm using Hooters/EEOC as an example instead because it so-effectively-skewers your argument, so I'm going to focus like a laser on the Hooters EEOC case, which they were forced to settle, sadly, and to the detriment of freedom.
JMR

Sarc, The hooters thing

Sarc,

The hooters thing is a good example but I don't know enough about the law. 

Is it possible that there's a difference between the rules for the entertainment industry (where it seems there a numerous examples of situations where jobs CAN BE & ARE sex-specific) and the corporate world?

 

I'm sure it's possible, and

I'm sure it's possible, and I'm sure the question makes money for shysters in that business, but is it also possible that NO TAX MONEY SPENT ON THE EEOC would lead to better results than this kind of blatant bias. Think about it -- a place where I occasionally like to eat is attacked with my own tax dollars, but a TV show I dislike which practices the exact same discrimination is not attacked? Do you see why people like me think that's a double-standard? Do you see why I think the EEOC needs to be 100%-defunded and not-exist at all unless lefties want to fund it themselves, without my help on April 15th??? If you want to pay for it, be my guest, but I don't. I want to pay less taxes, instead.
JMR

Leon... They could

Leon...

They could get away with having John Edwards as a host and still not move away from their girls club mentality. 

The liberal MSM has become an enemy of the USA.

All Daytime TV is Geared to Women

All of daytime television (and rapidly all of television in general) is geared toward expressing women’s views so the selection of a host is almost irrelevant.  The more interesting question is why virtually all of television geared toward women comes almost exclusively from a liberal point of view.  Shows like the View and Oprah would have us believe that all women think abortion is a sacrament, Hillary is a viable presidential candidate and government handouts are essential.  Where are the dissenting voices?  Why doesn’t Barbara Walters put Ann Coulter on for a week as one of the View Panelists?  I can only assume it is to create a liberal thought process in the women who watch these shows.  Why else is a mental midget like Rosie O’Donnell presented as some sort of invincible powerhouse with only token opposition from an Elizabeth Hasselbeck?

 

I heard about a poll a few months ago in which over 40% of otherwise intelligent women believed they were just one paycheck away from being a bag lady.  There was no corresponding response from men.  Why did these women have so little faith in the economy and their own abilities?  One theory is that it’s because Oprah told them to.   To a certain extent I see this behavior in my own wife.  She will attempt to preemptively dismiss my arguments because I am a “Conservative”.  She sees herself as a liberal, but when I pressed her on specific points we agree on about 90% of the issues with the exception of the Iraq War. Why should this create a massive Liberal\Conservative schism between us?  I have to wonder to what extent the daytime programming geared toward women contributes to this.

Aside from the fact that

Aside from the fact that Elizabeth is HOT!! what self-respecting man would want to be on that show?

The have to get someone

The have to get someone more feminine than Rosie the Hutt.  Maybe they could keep up the lesbian dynamic and hire a lesbian couple like John Edwards and wife.

http://www.youtube.com/watch?v=2AE847UXu3Q

Since they have not hired a male, or another lesbian, they decided to go with the bartender from the U.S.S. Enterprise.  Wasn’t Guinen (Ms. Goldberg’s character) from the race with both sets of genatalia? 

  

(I know her character was not from that race, she may be, but not her character.)

 

/*-/*-/*-/*-/*-/*-/*-/*-/*-

With Democrat revisionist history and liberals guaranteeing the future (global warming, nuclear destruction, etc.) only the future is certain; the past is always changing.

May I just say...I don't

May I just say...I don't care if the male view ever gets on The View.

Anyway if they did get a dude to co-host he would probably be gay.

The only thing you should feel when shooting insurgents is the rifle recoil.

 

Technically, I suppose

Technically, I suppose they're discriminating.HOWEVER! I can't imagine any self-respecting man wanting anything to do with such a nauseating and mind-numbingly vapid show.  (Besides, the shrieking and hysteria is bearable for less than a micro-naon-second at which point the bludgeonings are begging to be started.  Me first!)

It may be that men are just trying to protect their sanity by not being involved.

Naturally, throughout my cogitation, the use of the word "man" should be understood to refer to real men.  Not the pseudo- or wussified XY's that dot the landscape. 

 

"Cry havoc and let slip the dogs of war"  - Shakespeare

The Price is right

Has it occured to anyone that maybe, just maybe, the viewers prefer a man rather than a woman? I'm sure the majority of veiwers are women at home and would prefer a good looking man as opposed the a ugly man like Rosey or a beautiful woman. That's why it has been so successful.

 

I'm from the government and I'm here to help you!

So where does Drew Carey fit

So where does Drew Carey fit into that scenario?

Drew Carey

For every fat ugly man there is a woman that finds him attractive. I'm sure many like his sense of humor. Also, I missed the Drew Carey news. My Bad.

Huggable factor

Drew Carey has a high huggability factor. I don't think women want to be huggy Rosie after they win the washer-dryer on The Price Is Right. And they sure don't want to be kissing her.

Our real problem, then, is not our strength today; it is rather the vital necessity of action today to ensure our strength tomorrow. Dwight Eisenhower

Wasn't Edwards almost hired

Rumor has it Edwards was interviewed to take Rosie's place. But, they said if they wanted a man on the view, they would probably hire his wife instead. Or Hillary.

The View

“The View was made to express WOMEN's views expressly, hence the all female hosting group.”  

Leon, 

You need to modify that statement to read: The View was made to express ‘liberal’ WOMEN's views expressly, hence the all female hosting group. 

Women who consider themselves as NOT being liberal do not watch the View but gravitate, instead, to talk radio where they can express their own view.

Poco, Why do I have to

Poco,

Why do I have to revise my post?  This thread isn't about the political/social leanings of the women hosts, it's about whether or not it's sexist to have ONLY female hosts.

I don't see how the liberal aspect fits in at all within the context of the current discussion.

Whether or not 'conservative' women watch the view is irrelevant to our current conversation.

That's right - no

That's right - no meandering conversations tolerated!

Dammit, Poco, pay attention to the confines of the original thought!

(P.S. "Bingo!" re talk radio.  Sanity every afternoon, noon to 3 :o) 

"Cry havoc and let slip the dogs of war"  - Shakespeare

Leon, You are correct in

Leon,

You are correct in that I was not on point, but the fact remains that the View does not, as you state, express the opinion of all women, which was my point.

 As for the sexists ‘thing’ I think it’s a tempest in a teapot.

Poco, I agree that it

Poco,

I agree that it doesn't express the view of all women.  I just said it's original intent was to provide a theater through which to express ideas from a female perspective (as we've seen that just so happens to be a liberal perspective).

Sorry for jumping down your throat, I just tend to be on edge at times!

Leon, I do not suffer

Leon,

I do not suffer from thin skin.

Do you think a majority of

Do you think a majority of women are Liberal?

The only thing you should feel when shooting insurgents is the rifle recoil.

 

Hypocrisy rules....

If the same type show featured all male participants, the howls would be heard at both ends of the planet. Simple as that. Happy Trails...

What a lame premise this

What a lame premise this article is.  The producers can choose whomever they want.  This is a TV show with the premise of a bunch of women discussing issues over a cup of coffee (like much of their target demographic might).  The producers have an obligation to produce a program that appeals to their demographic to attract advertisers. The cast requires four female hosts, otherwise the View's morning-coffee-with-the-gals premise would fall apart.  If you want to cry discrimination focus on something that makes sense, like the fact that women become news anchors much earlier in their careers than men.

Joy Behar is a woman?

Joy Behar is a woman?

..

Sports shows employ male hosts and announcers.  Where's the outrage?

 

Please no more.  These

Please no more.  These chicks have made millions while good folk who contribute struggle to survive.