Reality TV Stars’ Employers Should Know Not All Publicity’s Good

Reality shows are appealing to watch because the cast members are real, relatable people with jobs and families. It can be exciting for an employer and its employees to see one of their own on a reality show, but such an appearance can cause headaches for the employer.

There’s a broad range of reality shows, from cooking competitions to romantic conquests, and cast members’ actions or the producers’ portrayals could have consequences for an employer’s image.

Luckily, employers in most US states have wide latitude in addressing an employee’s request to take leave to appear on a reality show, or to reactively respond to an employee’s misconduct or portrayal while on a show.

In most cases, an employee is likely to request permission to appear on a reality show, leaving the employer to consider whether to grant such a request. The good news for employers is that such leave is unlikely to qualify for any type of mandated federal or state protected leave, meaning the employer is generally under no obligation to grant the request.

The employer may believe there are advantages to an employee appearing on a show, in which case the employer could allow the employee to exhaust paid time off or take unpaid leave to participate on the show.

But if an employee takes time off to film without notice, the employer would generally be free to discharge an employee for absenteeism or job abandonment. Almost all US states support at-will employment, meaning employers may discharge an employee at any time for any lawful reason.

In certain states, such as California, Colorado, and New York, employers may have more limited discretion to disallow an employee’s show appearance. These states prohibit an employer from taking adverse employment actions against an employee for engaging in lawful off-duty conduct.

In New York, for example, employers are prohibited from discriminating against employees for lawful off-duty activities, except in certain situations including where the employee’s conduct creates “a material conflict of interest related to the employer’s trade secrets, proprietary information or other proprietary or business interest.”

Consequently, employers should remind employees not to reveal such proprietary information while on the show and should ensure that participating on the show won’t create a conflict of interest.

An additional consideration for employers concerns to what extent the employee is linked to the employer. Many reality shows identify cast members’ jobs without identifying the specific place of employment. Even in the absence of direct identification, social media sleuths or overzealous fans could research and reveal a cast member’s employer—often associating the employee’s bad behavior with the unsuspecting employer.

Even minor slips, such as a notebook or mug with a company logo on it somewhere in a camera shot, can reveal a cast member’s real-life employer and trigger unwanted attention. An employer might consider discussing with an employee what will be revealed about the employee’s professional life and may suggest that the employee hide or minimize the presence of any company identifier or association.

Finally, reality shows are entertainment, and cast members’ behavior drives viewership and appeal. For example, the producers may identify a “villain” to create drama, which could be the employee. In other situations, the “villain” may identify himself through lewd or offensive statements and outrageous or embarrassing conduct.

Specifically, reality-TV cast members have been kicked off shows for misconduct both on and off camera, including for aggressive behavior, extreme or inappropriate comments, or resulting from allegations of assault, domestic violence, or sexual misconduct. Regardless of how the “villain” is identified, it can draw negative attention to the employee, and by extension, their employer. Employers may want to consider these potential outcomes and whether they should discharge or discipline the employee to avoid potential liability and to ensure that other employees continue to feel safe.

If an employee is a prospective reality TV show cast member, before signing off their employer will want to consider the type of show, whether the time commitment could otherwise impact the employee’s productivity, and the potential for the employee’s appearance to garner negative attention for the employer and its business.

This article does not necessarily reflect the opinion of Bloomberg Industry Group, Inc., the publisher of Bloomberg Law and Bloomberg Tax, or its owners.

Author Information

William Grob is a shareholder in the Tampa office of Ogletree Deakins.

Andy Levin is an associate in the Phoenix office of Ogletree Deakins.

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