Sport Law 2 – Flashcards
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economic reality test
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- does employer have right to control activities? - can they discipline/fire? - pay wages? - integral part of business?
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Coleman vs. Western Michigan
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established that college athletics isn't an integral part of business
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Mackey vs. NFL
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players argued Rozelle Rule was form of restricting trade - wasn't proven that players agreed to rule as part of quid pro quo agreement - players won
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Rozelle Rule
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if a team signs a free agent, they have to give the other team a player of equal skill
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Brown vs. Pro Football
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practice players had uniform contract for all teams - players thought they should have right to bargain individually - court ruled restrictions can be placed in labor settings so long as CBA theme is predominant
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wrongful termination
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the employee was terminated contrary to terms of the contract
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Haywood vs. University of Pittsburgh
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Haywood became head coach and was fired soon after as result of something outside of terms of employment - college argued that firing was fair and he had to pay out his contract from Miami
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Sherman Antitrust Act
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- prohibits monopolies - prohibits price fixing or bid rigging - enforced by DOJ
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Reserve clause
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6 years
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Federal Baseball Club of Baltimore vs. National League
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Orioles were part of Federal League - AL and NL didn't recognize FL - Orioles sued for collusion - supreme court ruled baseball isn't interstate commerce, its local
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Toolsen vs. Yankees
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Mexican league pulling players from MLB, Mexican league folded because MLB bought them out - Toolsen blackballed because of this, sued - courts said it's up to Congress to change law they wouldn't overturn original ruling
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Finley vs. Kuhn
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commissioner won
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Flood vs. Kuhn
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Flood traded from Cards to Phillies, refused to report; said it was unfair to be traded, he was a human being - sued MLB arguing trading was against anti-trust - Flood lost but courts said MLB had to change reserve clause - led to Curt Flood Act which made free agency legal and allows players to sue under Sherman Act
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1976
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Free agency started
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Curt Flood Act
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made free agency legal to give Flood credit
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Categories of Transportation
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-Independent Contractor -School Vehicles -Employee Vehicles -Non-employee Vehicles
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What to look for in an outside contractor
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-General Company Information -Driver information -Vehicles information and maintenance -Safety rating information -Driver selection, training and supervision -No subcontractors
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Categories of drivers
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-Employees -Students -Professionals -Volunteers
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Clement vs. Griffin
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-Community College Baseball van (Student Driver) -Van tires were the original ones -players won against Griffin, the college, Goodyear, and Ford
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Appeal
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College- Judge allowed the jury to decide damages, which was against state law Goodyear- Can't prove the condition of tires was unreasonable for normal use
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Rebuttal
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College had duty to maintain vehicle and select qualified drivers - went against policy by letting student drive (he didn't have training)
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Final decisions Clement vs. Griffin
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- Griffin won: argument he should have known he didn't have the right license didn't hold up - Goodyear won - College lost: didn't follow their own rules
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Bluffton University Case
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-Bus accident occurred as the baseball team was traveling to Florida; driver got interchange wrong- 10 people died including him - ruling: bluffton lost- driver = de facto employee
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Title VII of the Civil Rights Act of 1964
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-Employers cannot discriminate in terms, conditions, or privileges of employment
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Interstate Commerce
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if company has 15 employees for 20 weeks, they can't discriminate
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Protected Groups of Title VII
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-Race -Color -Religion -Sex/Gender -National Origin
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Exceptions for Civil Rights Act
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-Independent Contractors -Private Clubs -Native Americans -Religious Organizations -Protected Groups
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Independent Contractors
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sometimes get exceptions under Title VII
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Private Clubs
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EX: Augusta - as a private club, they have an exemption and don't have to allow women
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Native Americans
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don't have to hire non Native Americans in their businesses if they don't want to
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Religious Organizations
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president has to be a practicing catholic
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protected groups
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can't discriminate against citizenship
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Dowling vs. United States
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Dowling sued NHL on grounds that they were biased and hired canadian refs more - lost: citizenship isn't a protected group
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Lemon Test
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Does something lack a secular purpose? Is primary effect of something to advance or inhibit religion?
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Coercion Test
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The government can't force you to participate
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Endorsement Test
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The government can't enforce one religion over another
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Reasonable Accommodations
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Exceptions need to be made for religiously based schools if their religion doesn't allow them to play on Sundays
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Hadley vs. Henrietta School District
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-Wouldn't allow child to participate because he didn't have his vaccinations - Hadleys didn't believe in vaccinations because of religious purposes - since they let him go to school without them, they can't deny him right to play (school lost)
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Menora vs. IHSA
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basketball athlete wearing yamaka - IHSA told him he couldn't wear it for safety reasons - courts ruled as long as it was pinned, he could wear it
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Ali vs. Mumme
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-Players on the New Mexico St football team were Muslim and were made fun of for not praying with the team -Kicked off team for moving lockers -Sued for religious discrimination (won)
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Montgomery vs. Oregon School Activities Association
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religion didn't allow them to play on Sat/Sun; moved their first round game to Friday but when they won they wouldn't move their next round - Montgomery won - courts ruled Oregon had obligation to readjust brackets
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Christian Heritage Academy vs. Oklahoma Secondary School Activities Association
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Oklahoma wouldn't let them be a part of association because of rumors school was "athlete farm" - school won (couldn't prove rumors)
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Affirmative Action
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Preferential treatment to members of protected classes where their qualifications are essentially the same as those members for non-protected classes
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Affirmative Action characteristics
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- temporary - can't result in firing or complete barring of nonminorty - quotas not included in law
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Rooney Rule
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must interview at least 1 minority for NFL head coaching jobs
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Gratz vs. Bollinger & Grutter vs. Bollinger
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-Race can be a factor in admission decisions -There is a public interest in diversity, thus rejecting Equal Protection Clause of the 14th Ammendment
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Disparate Treatment
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Intentionally discriminates and acts with illegal motives
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Disparate Treatment Burden of Proof
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shifts to defendant; must prove the plaintiff was rejected for legitimate, nondiscriminatory reason
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Disparate Impact
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an employer's neutral employment practice has had a discriminatory effect on a protect class
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Boyd vs. Feather River Community College District
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-Football players recruited to primarily white school and were promised scholarships to four-year schools -Cut from the team before sophomore year -Boyd won
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Blasi vs. Pen Argyl Area School District
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-Blasi was kicked out of game for using foul language and school policy says when you're kicked out you have to miss the next game - Blasi argued he was kicked out because he was Muslim - school won saying that it had nothing to do with race, it was because it was not in best interest of participants
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Harassment
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Violates Title VII
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Types of sexual harassment
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-Quid Pro Quo (blatant) -Hostile Environment
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Quid Pro Quo
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When an employer conditions a job related benefit on an employee's willingness to participate in sexual behavior
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Hostile Environment Sexual Harassment
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employee is subjected to repeated unwelcome behaviors that don't constitute sexual bribery but are sufficiently severe and pervasive that they create a poor work environment
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Two Prong Test of Sexual Harassment
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- conduct severe enough that a reasonable person would find it hostile - plaintiff perceives hostility and alters their work envrionment
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factors of hostile environment
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- frequency of the conduct - severity of conduct - whether conduct is physically threatening or humiliating or merely an offensive utterance - whether conduct unreasonably interferes with employee's work performance
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Harris vs. Forklift precedent
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set factors courts may consider in determining hostile environment - plaintiffs don't have to wait until they have psychological injury to pursue - two-prong test
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defenses of sexual harassment
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- the employer exercised reasonable care to prevent and promptly correct any sexually harassing behavior - the plaintiff unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer
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Examples of a Hostile Environemt
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-Leering or whistling at body parts -Asking for sex -Mooning or flashing
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4 pitfalls of sexual harassment claims
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- whether to investigate if the offended doesn't want to file a claim - preventing defamation - fairness to all (prevent backlash) - prevent retaliation
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Bowman vs. Shawnee St
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Bohman claimed Jahnke sexually assaulted him on multiple occassions. Jahnke threatened to strip him of his coordinator position because he was filing suit. He lost because he couldn't prove: he was a member of a protected class; he was subjected to unwelcome sexual harassment; harassment complaint was on basis of sex; advancements either resulted in job benefits or refusal resulted in tangible job detriment
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Examples of Age Discrimination
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- forced retirement - including age preferences in job ads - assigning older workers jobs that don't allow them to be competitive for higher-level jobs - promoting a younger worker over an older one because of potential retirement - hiring a younger worker over older one who is better qualified
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First Amendment Issues
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- dress codes - posts - speech
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dress codes
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at high school level, coaches can have dress code (ie no facial hair)
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posts
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high school level: athletes can be disciplined but carefully college level: coaches have different policies
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Anthem Case at Macalaster
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football player refused to take helmet off when national anthem was playing on adjacent field - got kicked off team - case got settled but a lot of people were critical of Macalaster
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Areas of Aquatic Management
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- beaches - traditional pools - water parks - spas
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Areas of aquatic litigation
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- drowning - near drowning - spinal cord injuries (diving) - recreational water illnesses - environmental issues - ADA
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Drowning
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Fifth leading cause of death, second from age 5-24 group
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Four P's of Aquatic Risk Management
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-Physical hazards -Personnel qualifications and credentials -Programs following national standards -Policies and procedures that are valid and enforced regularly
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Ten Commandments of Aquatic Risk Management
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-Supervise lifeguards often -Don't operate pool without certified individual -Have group use policy -Head-first entry -Disallow breath holding or underwater swimming -Watch young kids -Parents -Contamination -Warn and protect against entanglements or entrapment -Don't eliminate all the fun
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Efficiency standards
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plumbing systems and variable-speed pumps
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Virginia Graeme Baker Pool and Spa Safety Act
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little girl in pool got caught in suction area and it was so powerful it ripped out her organs - pools now have to cover drains
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Legal Areas of Aquatic Management
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-Failure to properly supervise -Failure to eliminate horseplay -Failure to provide sufficient number of lifeguards -Failure to provide a lifeguard -Failure to provide proper staff and instruction/training -Locker room supervision
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Cassio vs. Creighton
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man died because he was scuba diving in deep end and life guard wasn't watching him close enough. lifeguard wasn't physically strong enough to pull him out of pool - creighton won - assumption of risk
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Jeffords vs. Atlanta Presbytery
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-Adult was being reckless and was warned to stop, then hurts himself -Pool won because he was warned to stop
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Swimmers deserving more attention
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kids and individuals with mental disabilities
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10/20 Rule
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Lifeguard must be able to see in 10 seconds and get to the person in 20 *state law not federal*
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duties of lifeguards
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lifeguards shouldn't have other duties
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Johnson vs. City of Darlington
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kid drowned because lifeguards weren't paying attention - three lifeguards were not at their stations - pool won
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Corda vs Brook Valley Enterprises
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-Lifeguards were tearing things down for the night early before closing time -While tearing stuff down, Corda's husband drowned
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ARC vs. Fletcher
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large group of mentally handicapped individuals came into pool, lifeguard had to help give eardrops- during that time someone else drowned
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Turner vs Parish of Jefferson, Houma motels
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-Softball tournament with many girls staying at a hotel -Lifeguard not on duty even though they knew lots of kids would be staying -Girl drowned and hotel lost *precedent: if hotels know they are booked for a lot of underaged kids they need to provide a lifeguard*
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Cater vs. City of Cleveland
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cater drowning - lifeguards weren't paying attention, by the time they noticed, they couldn't dial out for 911 and person died because of that extra time - cleveland lost because they didn't properly train staff
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SW and JW vs. Spring Lake Park District No 16
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high school girl had to do swim test and went unsupervised into the locker room. pool worker saw man go into locker room but didn't do anything. Girl was raped - pool had responsibility to supervise the locker rooms
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Invitee
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Someone who brings economic gain
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Invitation
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express - buying a ticket or paying for something implied - going into Graber or a park
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Business Invitee
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Brings economic gain
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Public Invitee
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Brings a mutual benefit
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Licensee
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Brings no economic gain
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Light vs. Ohio U
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light was a kid in college locker room (didn't pay); injured when locker fell on him; university won because it wasn't a known hazard
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duty to licensee
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clear known hazards
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Trespasser
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An individual who is on the premises without permission
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Recreational User
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Provides immunity to landowners who open their property for recreational use to the public without charging a fee
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Attractive Nuisanse
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duty of landowners to use reasonable care to protect child trespassers who may be attracted to the property because of something
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Area of Invitation
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you can go certain places but not others (ie Ski paths)
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Key Elements to Lease Agreements
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-Right to use and occupy -Rental Fees -Fees for additional services -Revenue sharing
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Woodring vs. Board of Education
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kid in high school gym leaned over balcony and fell because of loose bolt - family won - inspection wasn't good enough
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actual notice
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we know there's a problem, we've done an inspection and recognize it
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constructive notice
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you should have known about the problem; if a reasonable inspection took place it would have been found
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remove and repair dangerous conditions
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remedial measures in remedial time (like home plate sticking up)
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Duty to make facility safe
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-Third Persons (Forseeability) -Totality of Circumstances Act -Emergency Care
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Open and obvious dangers
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-Bleachers -Holes -Walls -Playgrounds -Parking Lots -Safety Glass -Projectiles in Stands
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Open and Obvious
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if the danger is one that a plaintiff should be or actually is aware of, then the plaintiff has assumed the risk or danger or defect
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Distraction Doctrine
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exception to open and obvious condition - even though a condition appears to be open and obvious, the plaintiff may somehow be distracted from appreciating the danger
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Dobert vs. State of New York
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-Dobert was bike riding on a rough road in a public campground -Dobert claimed road conditions caused her fall and injuries -Place where she fell was "readily observable" -Defendant won
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Home vs. North Kitsap School District
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-Home was an assistant football coach -Home was standing in front of a concrete curb that followed inner edge of track and surrounded football field to protect players -Got hit by player and drove into curb
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Home vs. North Kitsap School District Defense
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-Home assumed risk -Home is a licensee, not an invitee -Immunity -Trial court agreed and summary judgment was granted
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Home Appellate Court Decision
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-Immunity did not apply because the field was not open to the public at the time but was reserved for the football game; admission was charged -Home was an invitee - Home was protecting others and had no other way to do that -Home wins
