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re: Are NFL teams allowed to discriminate?
Posted on 2/10/14 at 10:44 am to DoreonthePlains
Posted on 2/10/14 at 10:44 am to DoreonthePlains
quote:
Because proving that 32 individually owned teams conspired together to make sure none of them drafted him because he's homosexual is sooooo easy.
Who said anything about easy? Or that it's a home run? Or that he'd win?
Go re-read what I said. I said it would be unprecedented and he could file.
No case against any of the major sports leagues is "easy."
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Posted on 2/10/14 at 11:11 am to Pavoloco83
quote:
I suspect that some GM's and coaches wouldnt draft him just because it will be a media circus and possibly disruptive. Like Tebow
Bingo. Tebow would probably be a serviceable backup QB. He's not worth the circus in that role. Sam is too good to ignore though.
About the lawsuit, proving collusion is one of the more difficult civil suits. There are a lot of factors which must be met. It's difficult in general and much more so in such a subjective business. You would first have to prove the league or a number of its teams communicated and jointly agreed to not draft him. Considering the owners and GMs will all be together for regular meetings like the Combine, they could talk in person and leave no paper trail without raising a single suspicion.
Posted on 2/10/14 at 11:18 am to AuburnTigers
quote:
Why are people celebrating Sam being gay as if its something to be proud of?
No one cares if you like to take it up the butt or swallow swords. Keep you personal preferences to yourself and play football.
Privilege: you has it, but you don't sees it.
Posted on 2/10/14 at 11:20 am to DoreonthePlains
Hypothetically, if one team slipped and left a paper trail or asked a question during an interview suggesting they didn't draft him because he's homosexual, wouldn't that be all he needs? He could sue that franchise specifically and not the entire league, right? Seems like a much easier case, granted I don't see a team screwing up that bad.
Posted on 2/10/14 at 11:30 am to MenloDawg
That's definitely possible and more likely than getting the whole league on collusion.
Posted on 2/10/14 at 11:30 am to pivey14
If you wanna be gay that's fine, be gay, it's a free country, you have a right to be.
But not everybody on the planet is required to celebrate every single aspect of your life.
Some people might not like it, that's their right.
But not everybody on the planet is required to celebrate every single aspect of your life.
Some people might not like it, that's their right.
Posted on 2/10/14 at 11:39 am to IAmReality
quote:
If you wanna be gay that's fine, be gay, it's a free country, you have a right to be.
But not everybody on the planet is required to celebrate every single aspect of your life.
Some people might not like it, that's their right.
Your post about people "celebrating" your lifestyle is a complete non-sequitur.
The question is whether it is illegal for NFL teams to discriminate against a potential employee based on his sexual orientation? Currently, sexual orientation is not a "protected class" (like race, gender, religion, etc.) under federal employment law for private employers (it is prohibited for federal government employers). Sexual orientation is a protected class according to some state laws however and potential employees denied employment have been successful suing would be employers under those state laws.
The questions to asks are:
-who are NFL players employed by? (the team or the NFL)
-whether those state laws prohibiting discrimination based on sexual orientation are applicable to NFL teams in those states / the NFL in general?
-whether it could be proven by a preponderance of the evidence that the employer (if covered by a state law prohibiting sexual orientation discrimination) made an adverse employment decision because of someone's sexual orientation
This post was edited on 2/10/14 at 11:46 am
Posted on 2/10/14 at 11:44 am to MenloDawg
quote:
the Equal Protection clause of the Constitution
You need a state actor. The NFL is not a state.
The interesting thing, to me, will be that all other things being equal between Sam and another player in physical prowess for the game, wouldn't your job, as GM, be to take the other player simply to avoid any potential problems in the locker room from your other players and with the distraction it may cause in the media?
The GM may or may not care, but his job is to do the best for the team. Avoidance of the risk that Sam would have team mates that care and all that.
Posted on 2/10/14 at 11:50 am to wadewilson
quote:
He better be damn good though, because no pro team will put up with a media circus for a mediocre player.
That's a headache no team wants.
Posted on 2/10/14 at 11:53 am to pivey14
Nobody can force any team to draft him or to offer him a contract (just as the NFL can only "encourage" teams to hire black coaches, but cannot force them to).
But I have faith that there are enough enlightened GMs and owners in the NFL to ensure that one of them will give him a shot.
The 49ers come to mind....
But I have faith that there are enough enlightened GMs and owners in the NFL to ensure that one of them will give him a shot.
The 49ers come to mind....
Posted on 2/10/14 at 12:16 pm to pivey14
To me the issue that NFL teams will have to consider isnt the gay issue. its the media circus that this will bring, at least for awhile. Ala Tim Tebow. Large potential for being a distraction that some GM's and coaches may rather avoid. Lets face it, if you could draft Dee Ford from Auburn or Michael Sam from Mizzou, and they are both great players, whom do you choose? The one with the media magnet issue, or the one who isnt controversial?
Posted on 2/10/14 at 12:17 pm to pivey14
For all those saying that he should have kept it to himself, you should know that the only reason he came out was to avoid being publicly outed by his teammates. This is one of the rare occasions where I feel that he did not do this solely for publicity.
Posted on 2/10/14 at 12:17 pm to L5UT1ger
Good point, I completely forgot you'd need a state actor for the constitutional claim. My employment discrimination teacher would be disappoint.
Posted on 2/10/14 at 12:22 pm to pivey14
I can't imagine him not being drafted. If he can help a team win he will be drafted. Wins = successful francise = money, and money will overcome any prejudice. Its pretty lame that this is even a topic of discussion
Posted on 2/10/14 at 12:26 pm to narddogg81
He will unquestionably be drafted and it will be sooner rather than later. The guy was an elite pass rusher this year and was co-DPOY for the SEC. No way he doesn't get drafted.
Posted on 2/10/14 at 12:29 pm to pivey14
I would think it would be dumb for them not to but there is no legal case
Posted on 2/10/14 at 5:46 pm to pivey14
(no message)
Posted on 2/10/14 at 5:47 pm to cbi8
Sorry bro 
This post was edited on 2/10/14 at 5:48 pm
Posted on 2/10/14 at 8:23 pm to pivey14
Anyone can sue anyone for any reason. Success in that lawsuit is a different story... If he passed through the whole draft without being picked, a lawyer might be willing to take it up. A steep hill for him to climb even at that, legally.
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