OT: Paul Tagliabue tells Clarett; Go to Canada if you wanna play pro football........

[TC4]

Looks like NFL commissioner Paul Tagliabue is not gonna give an inch to Ohio State RB Maurice Clarett as to him wanting to play in the NFL at this time:

http://www.nydailynews.com/sports/football/story/106696p-96504c.html

TAGS: NO CHANGE

FOR CLARETT

BLOOMBERG NEWS SERVICE

NFL commissioner Paul Tagliabue says Ohio State tailback Maurice Clarett is free to play professional football before he completes three years of college.

It'll just have to be in Canada.

Clarett's attorney said yesterday the Ohio State sophomore, who is being held out of preseason practice, is considering challenging the NFL's rule that prohibits players from entering the draft until they've played three college seasons or are three years removed from their final high school season. Tagliabue said the rule wouldn't be changed.

"If he becomes ineligible for college ball, he'll still have to wait," Tagliabue said. "He could play in Canada. But he can't play in the NFL at 19 or 20."

Clarett, who led Ohio State to the national championship as a freshman last year, is being investigated by the school and the NCAA for filing false police reports that exaggerated the value of items stolen from a car he borrowed in April. University officials are also investigating a report that Clarett received help to pass a class before the Fiesta Bowl.

Ohio State AD Andy Geiger and coach Jim Tressel said Clarett wouldn't practice until the school determines whether he's violated NCAA eligibility rules. Clarett's lawyer, Scott Schiff, told USA Today Clarett wants to play at Ohio State and graduate, but is considering his options because of the controversies.

[Skeletor The Invincible]

Good!

This ain't basketball, let the punk go through 3 years of college.

[NBlue]

this would seem to be the "perfect" test case for an aggressive attorney. I'm not sure that the age-based portion of the CBA will survive Court scrutiny. If challenged, this will have large, large repurcussions (especially since the NBA is considering implementing a similar policy).

It is certainly an interesting legal question.

[Larry]

If they challenge based on age, the NFL's defense will be that it's based on academics. (With some meally-mouthed thing about "life experience" to cover the "three years out of High School" clause.)

Don't know it that'll work.

[Coach Williams]

is his kid any good as a prospect or has he met his potential in college.........

[OrangeSkin]

It's completely legal for a company to institute any rules they bloody want concerning the age of their employees.

A 12 year old can't walk into the Washington Post and say, "I'm a good writer, give me a job" and then sue if they don't hire him.

[The Wicked Wop]

It's completely legal for a company to institute any rules they bloody want concerning the age of their employees.

Totally agree. I always go with the moto its a privlege not a right. He!! you might be skilled enough to drive a car at 15....but that doesn't mean you have the right. The NFL has staved off the backlash to this point of prospect players....something the NBA welcomes.......Great potential players that havn't proven anything, but teams are still willing to pay millions a year(can you say Kwame).....can you imagine the cap problems under-skilled players could cause teams. I really hope this issued is not pushed into court. Granted it will be a couple of years before its fully resolved in court....but I like the NFL the way it is.

[NBlue]

Originally posted by OrangeSkin

It's completely legal for a company to institute any rules they bloody want concerning the age of their employees.

A 12 year old can't walk into the Washington Post and say, "I'm a good writer, give me a job" and then sue if they don't hire him.

If only that were true.

It is most certainly not legal for a company to institute any rules they want based on age. In addition to a federal law prohibiting discrimination on the basis of age, just about every state also maintains legislation protecting against this type of discrimination.

While a company is certainly entitled to discriminate in its hiring practices, it must utilize age, gender and race neutral methods in its hiring (and, perhaps more importantly, firing) practice unless it wants to face litigation -- though there are notable exceptions.

In your example the post would have difficulty hiring the 12 year-old for a number of reasons (we have these things called child labor laws) but let's assume for demonstration that the kid is 18, not 12. In that instance, the Post would probably not hire him citing his lack of experience and lack of education -- two technically non-age based criterea (of course the kid could probably just get a job with the WT )

In the case of a football player; however, the undisputed sole basis that he is ineligible to work for the NFL is his age. Thus, the NFL thru the CBA has conceded to discriminating purely on the basis of age; however, they will claim they meet one of several exceptions for doing this -- likely related to the entertainment nature of their sport. This is a very interesting legal question and one in which I think Clarett may actually have the upper hand.

Suffice it to say, a lot of Employment Litgators will be paid quite well by both the NFL and Reece if he decides to challenge the NFL's CBA.

Personally, I would love to see it challenged.

[The Wicked Wop]

NBlue good post...I figured this issue would come up at some point. Clearly Clarrett has the upper hand, and most lawyers would agree, that if this rule is pushed enough through the courts, that the NFL would lose (though I don't like it). However, the NFL has room to manuever as far as I'm concerned. As with any job.....applicants must meet job requirements in order to actually qualify for a job. For instance, as an Accountant, most jobs I apply for require me to have a certain amount of experience, degree, CPA....etc. To this I really have no league recourse since they are prerequistes for me being qualified for the job. The problem is that the NFL's stance is purely on age at this point. I really think the NFL could simple change the rules by which it accepts candidates for acceptance in the league and make them more in line with general jobs (ie, requiring applicants to have a certain amount of post high school eduacation, or collegent training). At some point I could see this being challanged as well, but if so it would have ramifications in virtually every arena of employment.....and would fail accordingly. The NFL is the tightest ship in sports, and needs clowns like Clarett to back off.

[frankbones]

Have you ever applied for a sale job (or any other) that required 3 years of experience? I think what the NFL is doing is perfectly legal and would love to see the NBA adopt a similar policy.

[glorydays]

The hits he'd take anyway for snubbing Marcus Allen. Not so much him, as the symbolism, that he doesn't pay tribute to the very game that gives him his fame.

He is NOT forced to like Allen, but to come off that he doesn't need to answer the bell for the next round, in order to be accepted is baloney. IF he has good cause not to show, fine, but it is clearly showing he has no tact, no professionalism, no responsibility and definitely no knowledge on the history of the game he plays. Again, he doesn't have to have knowledge of it's history, but he didn't embrace it when given the opportunity.

The best, brightest, humblest, and even the worst all at least leaped at chances to meet the player, any, on the next level to become aquanted.

So as ye snubs, so ye shall be snubbed!

[frankbones]

nevermind:)

[NBlue]

Originally posted by frankbones

Have you ever applied for a sale job (or any other) that required 3 years of experience? I think what the NFL is doing is perfectly legal and would love to see the NBA adopt a similar policy.

I'm a lawyer and i've never worked as a salesman (clearly, that would be a step-up )

Anyway, the difference is that the sales job employer is discriminating on the basis of experience not age. This is clearly distinuishable from the NFL's CBA which plainly prohibits certain aged individuals from employment. Notably, the NFL can continue with this provision of its its CBA as it has not been challenged on these grounds in Court.

rdog,

that's a creative idea about changing the CBA to discriminate for some other reason that would preclude these kids. However, there would be two problems with this. First, a Court would look to determine whether the basis for discrimination was pretextual or had a valid basis for selection. If some sort of "education" was used as a criteria for employment, the Court would look to see if the NFL has a valid reason for disriminating on this basis or whether it was simply an attempt to make and end run (so to speak ) around the statute. Second, the NFL would have to apply this standard equally regardless of age -- creating what I'll call the "Deion Sanders problem." Players without a college degree (or any class, whatsoever, for that matter :cool: ) would not be able to play regardless of their age.

Please let me add the caveat that this is an oversimplified version of the difficulty the NFL would face in amending their CBA in this manner - but you get the general idea.

I think instead of taking this tact, the NFL will argue that the preservation of the integrity of the league is founded on ensuring a minimum player age. They may also argue that safety concerns for 19 and 20 year olds are a valid basis to discriminate on the basis of age. Thus, although they admit they are discriminating based on age, this discrimination should be allowed and meets an exception to the statutory proscription.

Personally, I think the NFL has the tougher side of the argument and, notably, this has been why Stern has been soooo slow to implement a like policy in the NBA (fear of litigation). It will be interesting to see what happens.

[Duke]

This is NFL, not NBA. Clarette's very immature for the pro level, mentally.

Very nicely done, Mr. Commissioner. :thumbsup:

[thinker]

I would have to side with NBlue. Generally, if the age limitation was challenged the player would likely win. However, the NFL is not the NBA. The NFL is significantly more dangerous for players (has anyone died or been paralyzed in an NBA game or practice?). No right of any kind is absolute even in the constitution. The more important the right is, the more compelling the reason has to be to abridge that right (free speech rights don't allow you to yell "fire" in a crowded movie).

In this case, I think it would come down to the interpretation of the intent of the CBA language. Was it to restrict trade or was it to establish a definable way of measuring how old a person needed to be before their body was sufficiently developed for it to be safe® for them to be smacked in the head by Lavar?

[shawn]

question on this though. Although I agree with NBLue that they are not going to be able to use age in this case, can't they use qualification? the 12 year old probably could not get a job at washington post since he probalby doesn't have the qualifications. The qualifications for the NFL is three eyars removed from highschool or three years of college ball. They are asking to see your resume and based on your qualifications you are either eligible or not. is this qulification criteria illegal?

[RTerps2002]

Clatett = Lawerance Phillips

[sjinhan]

maybe they shoudl make it as 3 years of organized football (college ball, canadian football, arena) after highschool as requirement... maybe they can push this as experience requirement... this would make everyone that wants to play regardless of age play some kind of higher lvl football before they enter the draft... however this would stop some of those off the street signings like that beer truck man with the Saints...

[The Wicked Wop]

however this would stop some of those off the street signings like that beer truck man with the Saints...

I thought he played in the arena league though

[Bang]

Screw Clarett. He's just another ass who thinks everything should be changed for him.

He wants to leave the Fiesta Bowl practice cause his friend has problems... he disrespects the entire NFL by disrespecting Marcus Allen, he breaks NCAA regulations (Ohio St will end up paying for that little punk long after he's gone, you watch), etc. etc. etc.

Tags is right.

Rules are rules.

And so far as I can see, Clarett looks like he thinks rules don't apply to him.

~Bang