Chapter 7


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  • to Thornton, Issues of race, equality, and discrimination are at the forefront of sports world today, as they have been for the last century.
  • first topic of discrimination that will be reviewed is racial discrimination. Plaintiffs can seek to remedy racial discrimination using a myriad of different legal theories such as: the 14th Amendment, Title VII of the Civil Rights Act of 1964, The Civil Rights Act of 1866, The Civil Rights Act of 1871, and state statutes, constitutions and local legislation. It shall be unlawful employment of an employer fails to hire someone on the basis of an individual’s race, color religion, sex, or national origin OR to limit, segregate, or classify employees in such a way that would deprive opportunities the status of an employee on the basis of an individual’s race, color religion, sex, or national origin.
  • unsuccessful applicant to prove a prima facie of disparate treatment discrimination, the plaintiff must show that he/she is a member of a protected class, he/she was qualified for the position, he/she was rejected, and the position remained open and the employer continue to seek other options.
  • Harassment is also applicable to Title VII. A plaintiff in this case must prove that she was a member of a protected class, she was qualified for the position, she was discharged or otherwise subjected to an adverse employment action, and others similairy situated were treated more favorably.
  • example of religious discrimination, In the case of of Johnson v. National Football League, plaintiff J. Edwards Johnson a.k.a.Yacub Abdul-Matin he was discriminated against the National Football League because of his race and religion. During Johnson’s time at Miami, he converted his religion to Islam and wrote a few papers about race and religion in the school’s newspaper that were not well received by his coaches. Because of these actions teams were reluctant to have him workout even though he was considered by multiple teams prior to the draft. When the case went to court, the claims were dismissed due to the fact that the commissioner of the NFL and NFL Europe are not employer therefore they are not held liable under Title VII. Also, there is no individual involvement by any of the individual defendants.
  • As athletes continue to perform at higher levels, they continue to push the longevity of careers. It is unlawful of an employer who fails to refuse to hire or discharge an individual because of an individual’s age. In addition they cannot limit, segregate, or classify his employees in any way which would deprive opportunities and reduce the wage rate of an employee. To prove an age discrimination, the plaintiff must prove he or she was discharged, the person was at least 40 years of age at the time, he or she was performing duties at a employer’s legitimate expectations, and treated more harshly than other employees that are younger.
  • American with Disabilities Act of 1990 or (ADA) was passed into law to prohibit the discrimination of the disabled when it comes to the employment process. ADA is divided into four major sections: Title I: Employment, Title II: Public Services, Title III: Public Accommodations and Services by Private Entities, and Title IV: Telecommunications and Common Carriers
  • the case of PGA Tour Inc. v. Marti, Casey Martin was a talented golfer who qualified to be on the PGA Tour. There are three sets of rules that govern competition in tour events. The one that is in question falls under players who compete in the PGA Tour that require players to walk the golf course during tournaments. Martin has a disability that falls under the ADA Act that prevents him from walking comfortably without pain, anxiety, and the risk of hemorrhaging, development of blood clots, and potential amputation. If Martin were to ride the cart, it would alter the nature of the game. However the essence of the game has been shot-making ability. Walking induces fatigue on shot-making ability according to the petitioner however, Martin already goes through fatigue through his disability. In addition, golfers who have a cart at their disposal say that walking relieves stress which enhances their game. At the end, Martin’s request for a waiver of the walking rule should have been granted.
  • last type of harassment, sexual harassment has two categories: quid pro quo harassment and hostile work environment sexual harassment. For a plaintiff to show quid pro quo harassment he or she must prove that the employee was a member of a protected group, the employee was subject to unwelcomed sexual harassment, harassment was based upon sexual relations, the reaction of the employee was affected by an tangible employment action, and the harasser was the employee’s supervisor. For hostile work environment sexual harassment it is similar to quid pro quo except the harassment creates a hostile work environment and that the harassment was based on the employee’s sex.
  • this chapter we reviewed
  • Chapter 7

    1. 1. SPORTSLAW<br />Chapter 7 – discrimination<br />
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    11. 11. Racial Discrimination<br />Sex Discrimination<br />Religious Discrimination<br />Age Discrimination<br />Discrimination Against People with Disabilities<br />Sexual Harassment<br />
    12. 12. References<br />Thornton, P. (2010). Sports law. Sudbury, Massachusetts: Jones and Bartlett Publishers.<br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br /><br />