Ohio State's Maurice Clarett Sues NFL

ABC/ESPN Breaking News ^ | September 23, 2003 | staff writer

[trad_anglican]

Perhaps I am naive, but why would any team want him after this episode

I can't imagine. I suppose it's possible that he'll generate revenue for the franchise in excess of the "costs" of having him on the team, but I don't see it. These owners have big (very big) egos and they won't stand for someone demanding a spot on a roster.

[LenS]

Are businesses that only hire college graduates illegally discriminating? Or do high school graduates have a right to be hired by them?

No, but there's often a big difference between a college graduate and a high school graduate in terms of knowledge. For example, a CPA firm would have good reason to hire a college graduate who's taken many semesters of Business and Accounting classes as well as had more experience in writing reports over a high school grad who might have been exposed to a little business knowledge.

But what difference is there for Clarett? Is he not already physically strong enough and suitably fast enough for the NFL? And running back is probably the position with the least need for practical experience (versus say quarterbacks). His age becomes an artificial distinction which the courts might frown upon, especially since he's an adult.

It's an interesting question. From my point of view, the current system where the colleges act as a free minor league for the NFL and the colleges make money off of their "minor leaguers" in return for some easy classes seems to skirt violating the 13th Amendment.

[CougarGA7]

Not really. It will only be moot for him personally. If the lawsuit goes beyond the next draft, but he still wins it, it will set the president that will have players comming out of college as freshmen and high schoolers trying to go directly to the NFL. It will ruin the "farm" system that the NFL currently has with college football.

[mhking]

Hayes is not a federal court judge.

I stand corrected. The AP story leads one to believe otherwise.

[Lunatic Fringe]

The question is, is the NFL practicing a form of age discrimination against him? I think they are and they are also, in fact, limiting his right to earn a living.

Really? OK, I guess I will sue then... the NFL is denying me a RIGHT to earn of living, despite the fact I am not physically able to play the game.

That is essentially the purpose of the age restriction... a 19-year old growing boy should not be on the field with full-grown, 30 year old men.

[LittleRedRooster]

Are businesses that only hire college graduates illegally discriminating? Or do high school graduates have a right to be hired by them?

No the high school grad doesn't meet the standard set by the employer if they require a college degree.
In the case of Clarett the qualification is that his high school class must have graduated 3 years prior to his being eligible for hire in the NFL.
The arguement can be made that the college degree is a qualification needed to perform the job while the 3 year rule has nothing to do with the abilty to perform in the NFL.
If the rule stated that the player must play at least 3 years of college football or Candaian or European pro football to be considered for the NFL then you can make the qualifaction argument but it doesn't, so the 3 year rule won't be upheld.

The NFL's three year rule is designed to do nothing more than keep players in school (the NFL's farm system) and keeping Universities happy so they will let pro scouts on campus to evaluate the players.

[ContemptofCourt]

Umm, yeah, OK....but Clarett is 20.

[j_k_l]

"Bernie was on his last legs..."

Bernie got the crap beat out of him because his "brilliant coach" didn't think they needed an offensive line.

Those "last legs" also help the Cowboys win a Super Bowl.

[discostu]

The laws around the franchise business structure are pretty complex. I think with the way the CBA and the draft are structured NFL teams don't compete for employees most of the time. It is close though.

[SengirV]

No so fast their guys/girls. Many have brought up the $3.00 penalty the NFL had to pay. Looking at it slightly differently, the NFL lost and was found to be a monopoly. Don't you think that Clarrett's lawyers are going pound this down the NFL's throat?

Also, I'm not saying that the NFL is preventing him from going to Canada to play, what I am saying is that the NFL is prohibiting him from working in THE NFL!!!! The NFL was(as others have pointed out) proven to be a monopoly. This same monopoly is refusing a grown man(no child labor laws here) the right to work. We are not talking about a blind person applying for a pilot's job. We are talking about a BS age limit where there is precedent enough(MLB,NBA,NHL,etc...) to make it unlawful.

[misterrob]

He's already physically able to play. And, the NFL cannot say that he isn't given that he played against a number of guys who were drafted.

If you have the tools to play then go ahead and sue. If you can't cut the mustard then save your money.

[Dog Gone]

But businesses are not required to hire all qualified candidates. They can screen them any way they choose that is not illegal.

What you are saying is you want to make the NFL practice illegal. Fine. But that's not the same thing as the rule being illegal today. It's not.

[misterrob]

as a back up he helped.

Aikman, Irvin, Smith, Novaceck, Moose Johnson, their offensive and defensive lines and good coaching won their super bowl.

Supporting cast like that would make a lot of guys look good.

[kjam22]

Clarett will not make it in the NFL. He has no discipline, and refuses to accept any. Ohio State disiplined him for cheating..... Instead of accepting his 1 year of punishment, he just sued them. Now he is suing the NFL (who he wants to someday work for). Pretty bright to sue a potential employeer. What team would dare draft him knowing he may just bring suit if he doesn't get his way? Only a team close to the cellar. Then what are the chances that they'll come to an agreement on salary? He'll just hold out and sue them.

[triplejake]

The Complaint does not seem to be very well drafted. He is claiming that the restrictions are a group boycott (i.e., an illegal conspiracy among competitors), but only the NFL is named as a defendant -- if he is alleging a conspiracy, I would have thought he'd name each NFL club as a defendant too. In the end, though, I guess this will turn on whether the collective bargaining exemption is found to apply.

[ContemptofCourt]

The CBA is between the NFLPA and the NFL, not each team.

[discostu]

You were saying the NFL didn't want it's monopoly laundry aired in court, I just pointed out it already was.

No you said they were preventing him from "earning a living", you didn't stipulate "in the NFL" you were across the board which is a false statement.

The NHL has an age limit, they've lowered it but it's never been challenged. It's not BS, the court rulings that have told employers they aren't allowed to screen their employees are BS.

[LittleRedRooster]

The NFL will not be his employer, one of the NFL teams will and each team has different rules under the rules umbrella of the NFL.
I really don't care wheather Maurice will be poor or good player in the leauge for 5 minutes or 15 years.
The 3 year rule will not hold water in a court of law.

[jonalvy44]

I thought that was part of the ahrdship ruling...remember way back, they had to prove hardship as a result...that eventually went bye-bye. I can't see why Clarrett would lose...He has a right to provide for his family, right to work, etc. It will be interesting. The NFL is private entity, do they get public monies?

[mhking]

Also, I'm not saying that the NFL is preventing him from going to Canada to play, what I am saying is that the NFL is prohibiting him from working in THE NFL!!!!

In the NFL or in PRO FOOTBALL? There is a difference.

Not only that, are you now saying that the League cannot pick and choose, based on whom they WISH to employ? HR departments nationwide will cringe at that one.