Emma Czikai, who suffers from cervical spine neuritis, auditioned for the show in 2009 but failed to impress the judges with her rendition of 'You Raise Me Up', reports BBC News.
Czikai claimed that she was made to wait outside in the cold until 10pm before she auditioned. "That traps the nerves, so immediately that aggravates the condition. It's almost as if they wanted me to fail," she said.
After asking for her audition not to be aired due to the unfair conditions, she was invited onto ITV2 spinoff show Britain's Got More Talent, where it was agreed that her illness would be highlighted. However, producers allegedly did not do this and made her look like a "fool".
A pre-hearing review when a judge will decide whether the claims should go to court will take place next month.
Cowell, who was in Glasgow today for the first X Factor auditions, has yet to comment on the case.
