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Auggie

(31,169 posts)
Tue Feb 11, 2014, 12:53 PM Feb 2014

More pissed than ever at the NFL

I didn't know this, but scouts can ask athletes (or their agents) entering the NFL draft about their girlfriends and dating habits, and if they "like girls." This is illegal in any other job interview, but not the NFL.

It should be a no-brainer for Roger Goodell and ownership to address in the off-season. It's easy to stop and can be immediately implemented.

Ann Killion of the San Francisco Chronicle writes in-depth about this at http://www.sfgate.com/lgbt/article/Michael-Sam-s-coming-out-How-quickly-will-NFL-5222658.php

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More pissed than ever at the NFL (Original Post) Auggie Feb 2014 OP
I think it depends on the state... joeybee12 Feb 2014 #1
Probably some legal quibble... malthaussen Feb 2014 #2
Sports leagues, particularly the NCAA JonLP24 Feb 2014 #3
Thanks for the info Auggie Feb 2014 #4
 

joeybee12

(56,177 posts)
1. I think it depends on the state...
Tue Feb 11, 2014, 02:02 PM
Feb 2014

Scouts couldn't do it for NY, Mass or CA, and other states that have anti-discrimation laws...but there is no federal one, so it's hit or miss...

malthaussen

(17,194 posts)
2. Probably some legal quibble...
Tue Feb 11, 2014, 02:05 PM
Feb 2014

... strictly speaking, a scouting report is not a "job interview," so they can probably get away with stuff they couldn't if it were.

-- Mal

JonLP24

(29,322 posts)
3. Sports leagues, particularly the NCAA
Tue Feb 11, 2014, 10:41 PM
Feb 2014

get away with all kinds of shit that would be illegal in any other business.

On edit - I'm not sure if your link changed as I didn't find much info.

(Lost headline)

LANHAM, Md. (CBSDC) — In all likelihood, the NFL will have the first openly gay player in its 94-year history when the season kicks off in September.

Missouri All-American defensive end Michael Sam proudly announced that he was an “openly, proud gay man” over the weekend.

Sam’s declaration is the crescendo to a groundswell of speculation that has been building for decades.

Most recently, a rumor circulated that a group of players would step forward together and announce they were gay prior to the start of last season. However, such an announcement never materialized.

Former Minnesota Vikings punter Chris Kluwe, who is straight, has threatened to sue his former team over claims he ostracized coaches for openly supporting rights for same-sex couples.

But the alleged excommunication of Kluwe and potential bullying of Sam should not be allowed occur, according to the NFL.

“Discrimination and harassment based on sexual orientation is not consistent with our values and is unacceptable in the NFL,” said NFL commissioner Roger Goodell.

The current Collective Bargaining Agreement between the league and players union also forbids discrimination.

“There will be no discrimination in any form against any player by the NFL, the Management Council, any Club or by the NFLPA because of race, religion, national origin, sexual orientation, or activity or lack of activity on behalf of the NFLPA,” a clause in the CBA reads.

In addition, the NFL has implemented strict policies regarding discrimination based on sexual orientation.

The following policies were sent to all club presidents, coaches and general managers in April 2013. The guidelines where then made available to all players and staff.

<snip>

“Coaches, General Managers and others responsible for interviewing and hiring draft-eligible players and free agents must not seek information concerning or make personnel decisions based on a player’s sexual orientation. This includes asking questions during an interview that suggest that the player’s sexual orientation will be a factor in the decision to draft or sign him,” the policy states.

The handout cited “do you like women or men?” as a specific example of a question that is forbidden from being asked during the interview process.

The policy is likely to be amended in wake of Sam’s announcement. The tolerance and acceptance programs showcased at the annual Rookie Symposium for incoming NFL players is also likely to be updated.

http://washington.cbslocal.com/2014/02/10/looking-at-the-nfls-anti-discrimination-policy/

Also came across this

NFL Asks Applicants about Sexual Orientation – Is it Discrimination?

Reports of potential NFL players being asked such questions as “Do you like girls?” have surfaced and are being criticized as apparent attempts to ascertain the individual player’s sexual orientation. These reports follow statements made by a few NFL players opining that homosexual teammates would not be welcome in the locker room. Fans often forget that the NFL Teams are employers and must comply with all federal and applicable state anti-discrimination laws.

The authorities that enforce the anti-discrimination laws have taken notice. In fact, because of the reported questions, New York Attorney General Eric Schneiderman sent a formal letter to NFL commissioner Roger Goodell pointing out that at least 20 of the League’s 32 teams are located in states that “prohibit discrimination in hiring and employment based on sexual orientation.” Moreover, under federal employment laws, while sexual orientation is not a protected category, discrimination or harassment in the workplace based on an individual’s failure to conform to stereotypical characteristics of masculinity or femininity is illegal. It’s an open question whether the assumption that a homosexual male is unable to perform in the NFL the same way as a non-homosexual male could be actionable conduct.

(followed by a statement that states asking about sexual orientation isn't with league policy)

http://www.collegeandprosportslaw.com/nfl/nfl-asks-applicants-about-sexual-orientation-is-it-discrimination/

It seems to be a recent problem with the NFL. (from last off-season)

Attorney General Urges N.F.L. to Battle Discrimination

After multiple reports by players interviewed at the N.F.L. combine indicated teams were trying to find out if prospective draft picks are gay, New York State attorney general Eric T. Schneiderman sent a letter to N.F.L. Commissioner Roger Goodell urging the league to take a stronger stand against discrimination based on sexual orientation.

Schneiderman called for the league to adopt a written policy prohibiting discrimination in any form.

“From the Scouting Combine to the playing fields, everyone deserves equal protection under the law and the right to a fair workplace,” Schneiderman said in the letter. “In New York State, we have no tolerance for discrimination on the basis of race, religion, sex, national origin, disability, sexual orientation or perceived sexual orientation. Employment discrimination is ethically wrong and illegal no matter who the employer is. I hope we can work together with the National Football League to send a powerful message that employment discrimination will not be tolerated in any form.”

Employers in New York State, or companies doing business in the state, are forbidden by law from asking employees or potential job candidates about their sexual orientation. Many states have similar employment laws, but others do not, making the legality of those scouting combine questions dependent on what state the team is from.

http://fifthdown.blogs.nytimes.com/2013/03/14/attorney-general-urges-n-f-l-to-battle-discrimination/?_php=true&_type=blogs&_r=0

I think Joey is on to something based on the response by NY attorney general pointed out the state law and says it applies no matter who the employer is.

on edit - you caught me w/ scout. If it is a formal interview I understand they have to abide by the discrimination code agreed to by union & league but there may be a grey area there. From what I'm reading it went beyond asking questions but going as far as having spies. I don't know how the rules apply when they ask coaches, girlfriends, teammates, acquaintances.

http://sports.yahoo.com/blogs/nfl-shutdown-corner/nfl-scouts-digging-around-michael-sam-personal-life-040729791--nfl.html (Not a lot of articles reporting this sort of info but it isn't hard to believe that if his teammates knew he was gay, scouts would too by asking around)

Auggie

(31,169 posts)
4. Thanks for the info
Wed Feb 12, 2014, 01:24 PM
Feb 2014

My error on the link: Guess come Chronicle links are available by subscription only. My OP excerpt pretty much contained the gist of Killon's comments anyhow. Enjoy the heart.

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