The X Factor sued by 86-year-old contestant Hyman Marks

86-year-old contestant Hyman Marks is suing The X Factor for making him "too tired" to perform properly. He and his family are suing for $3 million in damages... or another audition!

So ridiculous. I wonder if this segment will be aired on TV.

From The Wrap:

According to the suit, Hyman and Stephen made it through multiple rounds of auditions in Miami. Eventually, the "X Factor" staff noticed the novelty of the father-son contestants and decided to give them extra air time -- and that's where the trouble began.

The suit claims that the Hyman clan was made to film a segment numerous times, in which they were made to walk from a car into Miami's Bank United Center while a camera filmed multiple takes. Between the 96-degree heat, Hyman's age and Stephen's asthma, the suit alleges, the regimen equaled disaster for the "X Factor" hopefuls.

"As a result of this grueling and discriminatory physical and mental exertion, the judges and the audience never got to see the real Hy Marks and Stephen Marks that day," the suit reads.

Cowell ended up voting no on the duo -- because, the suit claims, he felt that Hyman wasn't physically up to the rigors of the process.

The suit, which names Fox, Cowell and the show itself as defendants, claims negligence, fraudulence of representation, and mental anguish.