If a potential employee’s actions may hurt the ability to make money, they have a very good reason to ask if they intend to engage in that activity.
I love how Florio clearly layed out a purely legal argument based on labor law yet every single one of the responses arguing against his finding are based either on personal opinion or anecdotes and no legal basis whatsoever.
Sorry but the owners/teams have every right to ask about the kneeling issue if it is going to be a distraction in the work place and impact business. Instead of making it some big activist thing let’s just strip down all the lawyer talk and call it what it is – it is work place etiquette/work place rules to abide by.
Maybe employers want employees (while on the job) to concentrate on what they are being paid to do and not an extra curricular activism
You said that asking about protesting the anthem is “no different than asking potential employees about religious beliefs, national origin, and (for female employees, obviously) whether they are or plan to become pregnant.”
If a player who intends to kneel has the potential to negatively impact the team’s profits through attendance and backlash from advertisers, the team in fact does have the same right to probe intent as they do alcohol or drug usage, domestic battery etc. The NFL is not a philanthropic endeavor catering to the SJWs and their sympathizers.
Taking that a step further, if I were an owner I’d have my lawyers write specific stipulations into the contract that prohibits and penalizes any actions or activities that can reflect poorly on the team. If a player doesn’t want to sign it, then he’s not for that team.
Every work place has rules and ways to act working at these businesses. NFL players don’t get they are employed and are expected to act in a certain matter. If you don’t like it on the outside you look for a new job exactly how many NFL players do this.
You can barely ask anything in an interview, in CA can’t ask salary history, you don’t hire someone your get served with a lawsuit claiming age discrimination and god help you if you have an underperforming employee…you’ll need a pile of write ups and counseling forms if you dare fire them.