Dick Clark Discriminates on the Basis of Age?
What’s Next? Gary Coleman Refusing to Hire a Dwarf?

Ralph Andrews, a 76-year-old TV game show veteran, has sued Dick Clark, a.k.a. the “World’s Oldest Teenager,” for age discrimination. Mr. Andrews sought employment with Dick Clark Productions, Inc. in on-and- off negotiations for over a year. Mr. Clark eventually wrote Mr. Andrews a letter in which he praised Mr. Andrews for his career accomplishments but declined to hire him and stated that Mr. Andrews was a “dinosaur” and that show business was being run by the “next generation.”

Besides the fact that Mr. Clark probably personally knew some actual dinosaurs, Mr. Andrews was quite upset with this rebuff and sued the production company for violating California’s Fair Employment and Housing Act, Cal. Gov’t Code § 12900 et seq. Under Cal. Gov’t Code § 12940, it is unlawful for an employer employing five or more persons to refuse to hire a person because of “age,” defined in Cal. Gov’t Code § 12926(b) as any person 40 or over.

Mr. Andrews, who produced 1960s and 1970s game shows such as “It Takes Two” and “You Don’t Say,” asks the perfect question regarding Mr. Clark’s actions: “I've known Dick for nearly 40 years. He misled me to believe he would happily give me a job doing what I do best -- creating, developing or producing television shows. But then Dick tells me I'm too old. I'm not too old. In fact, if Dick's not too old, then why am I?"