Yet more NCAA hypocrisy

#76
#76
Thunder Good-Oil said:
If there are 40 year olds that aren't hired and are better than the 18 year old employees then they will win. It would violate a Federal law.
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How old are you? If you are over 30, there is a good chance your local fire department will not hire you. Let's get together a class action lawsuit, right?

How is a court of law going to determine the 40 YO is better?
 
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#77
#77
n_huffhines said:
You can still require them to be students, tho.
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Are you sure about that? I'm not aware of any full-time jobs where as a condition of employment the employees are also required to be students.

One other "concern" is that every injury is going to create issues with workers comp, disability benefits, OSHA, etc.

Since football would be a collision job, claims for long term disability would be chronic. Insurance costs would be through the roof and coverage could possibly impossible to obtain.
 
#78
#78
n_huffhines said:
How old are you? If you are over 30, there is a good chance your local fire department will not hire you. Let's get together a class action lawsuit, right?

How is a court of law going to determine the 40 YO is better?
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Actually the protected class doesn't kick in until age 40... but as you said you can sue for any reason. If a more qualified candidate is excluded solely for being over a certain age I suppose there are attorneys that would pursue it.

Kickers would be easy to prove. With other positions there are a lot of 40 year olds that are bigger, faster, and more skilled than kids right out of high school. It might be harder for the defendants to show why the 18 year olds are better.
 
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#79
#79
This age exclusion could come into play, but no doubt there'd be plenty of litigation:

It shall not be unlawful for an employer, employment agency, or labor organization to take any action otherwise prohibited under subsections (a), (b), (c), or (e) of this section where age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business, or where the differentiation is based on reasonable factors other than age, or where such practices involve an employee in a workplace in a foreign country, and compliance with such subsections would cause such employer, or a corporation controlled by such employer, to violate the laws of the country in which such workplace is located.
 
#80
#80
Thunder Good-Oil said:
If there are 40 year olds that aren't hired and are better than the 18 year old employees then they will win. It would violate a Federal law.
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How do you prove someone is "better" in court? Kind of a subjective thing with a lot of facets.
 
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#83
#83
Thunder Good-Oil said:
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fyp
 
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#91
#91
Why would they stop being students? Why can't they have a rule that you have to be a student? Student teachers have to be students.

Why can't they have a rule that you can't be 6+ years removed from HS?

These concerns are not valid.
 
#93
#93
n_huffhines said:
Why would they stop being students? Why can't they have a rule that you have to be a student? Student teachers have to be students.

Why can't they have a rule that you can't be 6+ years removed from HS?

These concerns are not valid.
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Student teachers don't get paid if you mean education majors in school systems. If you're talking about grad students that help professors, maybe being a student isn't a requirement. After graduation those people can get better paying jobs. Without the undergraduate degree in the field, they're probably not qualified to perform the job. I'm pretty sure that having a degree is a valid qualification for many jobs including being a graduate assistant.

When being a player becomes a paid job a lot more rules come into play. What other job excludes candidates 6 years out of high school?
 
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#95
#95
Thunder Good-Oil said:
Student teachers don't get paid if you mean education majors in school systems. If you're talking about grad students that help professors, maybe being a student isn't a requirement. After graduation those people can get better paying jobs. Without the undergraduate degree in the field, they're probably not qualified to perform the job.

When being a player becomes a paid job a lot more rules come into play. What other job excludes candidates 6 years out of high school?
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As has already been mentioned, the NBA excludes candidates just out of HS. The NFL excludes candidates 2 years out of HS. Why can't a college club football team exclude people 6 years removed from HS? They aren't discriminating against 40 YO's. They are discriminating against everybody older than 24 and THEY HAVE GOOD REASON TO. This isn't an accounting position. They can just say it's for the safety of their players. They win.

I'm talking about college students who also teaches college. I worked as a tutor for the math lab. You have to be a student at the university to get that job.
 
#96
#96
n_huffhines said:
As has already been mentioned, the NBA excludes candidates just out of HS. The NFL excludes candidates 2 years out of HS. Why can't a college club football team exclude people 6 years removed from HS? They aren't discriminating against 40 YO's. They are discriminating against everybody older than 24 and THEY HAVE GOOD REASON TO. This isn't an accounting position. They can just say it's for the safety of their players. They win.

I'm talking about college students who also teaches college. I worked as a tutor for the math lab. You have to be a student at the university to get that job.
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I don't know why you keep asking me to resolve all of your concerns. I'm not an employment lawyer. But I'll try.

The NBA and NFL excluding players below a certain age is a different issue than excluding older workers from employment.

Excluding people for safety reasons could certainly be argued in court. But it could also be argued that there are safety concerns for young players too. And there are 40 year olds that are more fit than some of the 17 and 18 year olds on current rosters.

Universities have a lot of low paying, part-time jobs that current students fill. Whether or not they can legally exclude non-students from filling those jobs, I don't know. I would assume that resident assistants in dorms could be required to be students since they're also required to be residents and they'd have to be a student to live there. As far as tutors, if it's random one hour shifts that are being filled then it seems like those desiring the jobs would already be on campus while taking their own classes. Would a Farragut housewife drive 20 miles each way to tutor for an hour?

But if the job is to be a football player, how would being a student be a job requirement? The president and janitor aren't required to be students.
 
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#99
#99
As a public service for the benefit of anybody not following, I'll attempt to give the Cliffs Notes version of the last few pages.

I replied to a post that if player is compensated then Title IX probably requires that all other athletes receive the same compensation... the members of the rowing team for example.

volfanhill and n_huffhines pointed out that Title IX isn't relevant when the players are instead employees. That seems like a valid point. Therefore the work around would be that certain players become school employees.

I've given several examples of potential issues that come into play if the student-athletes are converted to employes.

A few of these examples have been challenged by a couple of posters. I've replied to many of their arguments.
 
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