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Thursday, June 04, 2009
Does the NBA Age Limit Violate Age Discrimination Laws?

New York labor and employment attorney Louis Pechman of Berke-Weiss & Pechman has a very interesting analysis on the possibility of the NBA's age limit violating age discrimination laws. Here is an excerpt from his piece:
Surprisingly lost in the discussion about whether age limits are appropriate for the NBA draft is the fact that many state laws prohibit employment discrimination against individuals who are eighteen or over. As playing in the NBA is employment -- albeit a dream job -- eighteen year olds are deprived of their potential employment and are thus victims of age discrimination. In New York, for example, the New York State Human Rights Law prohibits employers from refusing to hire or employ an “individual eighteen years of age or older… because of such individual’s age.” The NBA, and its players’ union, are subject to compliance with all New York employment laws, as well as other state laws which prohibit discrimination based on age.
For the rest, click here. For a post from earlier today on U.S. Congressman Steve Cohen's request that the age limit be lowered back to its old 18 year old mark, click here.


Quite interesting theory which seems to be in line with the European vision on age limits. Is it likely that US courts will follow this vision?

Blogger Stijn Francis -- 6/05/2009 6:56 AM  

how did the NFL get around this when maurice clarrett challenged the age limit rule?

Anonymous Anonymous -- 6/05/2009 2:48 PM  

The NFL doesn't have a strict age limit. They require that you must be 3 years out of high school. A guy got draft a couple years ago when he was under 18 because he was also a college junior.

Anonymous Anonymous -- 6/05/2009 3:01 PM  

what at the age limits for people in Congress?

Anonymous Anonymous -- 6/05/2009 3:04 PM  

Anon 3:04 PM:
Minimum age requirements for U.S. House, Senate, and Presidency are in the U.S. Constitution, and therefore trump ordinary statutes.

Blogger Tom -- 6/05/2009 3:24 PM  

If the NBA's rule is overturned it wouldn't let high school kids in. They would just copy the NFL and make it one year out of high school instead of an age limit. If the NFL can get away with it then so can the NBA

Anonymous Anonymous -- 6/05/2009 3:48 PM  

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