According to a statement released Warner Horizon, which produces the show, "this complaint is baseless and without merit." Continues the statement: "We have had various participants of color throughout the series’ history, and the producers have been consistently — and publicly — vocal about seeking diverse candidates for both programs." The producers say that they "continue to seek out participants of color" for the show.
While it's true that the pool of 25 hopefuls has included diverse contestants in the past, the producer's statement does not adress the fact that the star of the show — i.e., the person who does all the choosing — has not been someone of color. For the past few years, the star of the show has been chosen from the top runners-up from a previous season, so the producers don't have as wide of a pool to select from if they continue to go with this "choosing a runner-up" method.
Long story short: If this lawsuit were a rose, the show's producers apparently would not accept it.