NY AG warns NFL not to discriminate

NEW YORK, N.Y. (WIVB) - After reports that some recruiters at the NFL scouting combine were asked questions about their sexual orientation, New York Attorney General Eric Schneiderman is calling on the NFL Commissioner to issue a formal policy against discrimination and conduct a full investigation.

Schneiderman is asking National Football League Commissioner Roger Goodell to take strong action to ensure the NFL and all of its franchises do not discriminate on the basis of sexual orientation against players and recruits.

In a letter to the Commissioner, Schneiderman called on the League to issue a formal written policy making clear that any form of discrimination or harassment on the basis of sexual orientation by League teams or employees against potential recruits or players constitutes a violation of state, local and, in some cases, contractual law and will not be tolerated.

Under New York State's employment discrimination laws, companies that are based in or do business in the state are not permitted to ask employees or potential job candidates questions about their sexual orientation. In addition, at least two dozen of 32 NFL teams are headquartered in jurisdictions that have similar employment discrimination laws in place.

"From the Scouting Combine to the playing fields, everyone deserves equal protection under the law and the right to a fair workplace," said Attorney General Schneiderman. "In New York State, we have no tolerance for discrimination on the basis of race, religion, sex, national origin, disability, sexual orientation or perceived sexual orientation. Employment discrimination is ethically wrong and illegal no matter who the employer is. I hope we can work together with the National Football League to send a powerful message that employment discrimination will not be tolerated in any form."

Last month, media reports indicated that at least three prospective players including Nick Kasa, Denard Robinson and Le'veon Bell were asked questions related to their sexual orientation at the national scouting combine held in February in Indianapolis. According to Kasa, some teams asked prospects if they have a girlfriend, are married, or like girls.

Under the New York State Human Rights Law, it is illegal for an employer to refuse to hire or employ an individual because of sexual orientation and gives the Attorney General's office the authority to investigate allegations of employment discrimination by companies in New York.

In addition, the Collective Bargaining Agreement the NFL signed in 2011 includes a commitment that, "[t]here will be no discrimination in any form against any player by the Management Council, any Club or by the NFLPA because of race, religion, national origin, sexual orientation, or activity or lack of activity on behalf of the NFLPA." This provision does not, however, appear to provide any protection to prospective players.

In his letter to Commissioner Goodell, Schneiderman urged the League to demonstrate a strong commitment to creating a work environment free of discrimination by issuing a written, League-wide policy that, once finalized, would be appropriately distributed and disseminated. He offered the support of his office's Civil Rights Bureau to assist in development of this policy.