It continues to be an ugly exit for Gabrielle Union from “America’s Got Talent”…

She was axed from the show last November, sparking racism claims when she alleged production staff told her that her hairstyle and clothes were ‘too black’.  She also claimed that the working environment on the talent show, which attracts around ten million viewers, was ‘toxic’.

Sources say she has settled her dispute with the network and producers over her leaving the show, but now she claims Simon exposed her to the dangers of passive smoking when he lit up during breaks in filming.

An insider told The Mail on Sunday: ‘Gabrielle was always cross that Simon would smoke when the cameras weren’t running.

‘For her, this is a big deal. She believes his smoking has put her life in danger. It can cause cancer and she doesn’t think she deserves to have been at risk when she was at work. This lawsuit will be sent to Simon at any moment. She is determined to see this one through.’

California has strict anti-smoking laws that bans employers from ‘knowingly or intentionally permitting… the smoking of tobacco products in an enclosed place of employment’.

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