The 18-page lawsuit, filed in Los Angeles County Superior Court, claims Banks, 43, “traumatized” daughter Mary Doe, who is apparently a minor.
Marathon Productions, which produces the syndicated reality television show, was also named as a defendant.
The plaintiffs were identified only as Jane Doe and husband John Doe. But both have show business backgrounds.
She’s a singer-songwriter and he’s a guitarist, producer and recording engineer, according to court papers.
The incident unfolded at a March 19 taping when the couple performed an original song about their daughter’s birth, which they’d co-written.
The Does charge they were “humiliated” by the judges and the audience, although Banks, who replaced Nick Cannon on the show for the upcoming season, apparently went overboard.
Banks is replacing Nick Cannon as the show’s emcee in the upcoming season and was apparently standing in the wings with the couple’s young daughter.
They claim Banks tried to manipulate their daughter to show displeasure with the song, according to court papers.
Banks allegedly insisted Mary was “embarrassed and annoyed” by the performance. She allegedly shook the girl’s shoulder, pulled her hair back and tried to “physically manipulate her,” court papers state.
“Banks also insinuated that Mary was accidentally conceived, made fun of the performance and ridiculed (the) song in front of Mary,” according to the lawsuit.
When they couple complained about their treatment, NBC agreed to cut Mary from the broadcast, but refused to cut their performance.
The lawsuit accuses Banks and the show of “intentional and negligent infliction of emotional distress,” as well as “civil battery” and “civil assault.”
Reality shows like “America’s Got Talent,” require contestants to sign legal waivers, acknowledging, among other things, that they may be subjected to ridicule.
But the couple claims Mary was forced to sign the waiver without their consent.
“America’s Got Talent” Season 12 will premiere, May 30, at 8 p.m. EST.