Hardie v. NCAA: Can the NCAA Bar Convicted Felons from Coaching in NCAA-Certified Recruiting Tournaments?

Civil Rights Practice Group Teleforum

Hardie v. NCAA is a recently argued case from the Ninth Circuit.  It involves a NCAA ban on all convicted felons from coaching in NCAA-certified tournaments held for recruiting student-athletes to NCAA Division I schools. The key question is whether this policy has a “disparate impact” (disproportional statistical effect, but without any racially discriminatory intent) on African Americans -- and whether Title II of the 1964 Civil Rights Act, which precludes “discrimination or segregation on the ground of race, color, religion, or national origin” in “places of public accommodation,” bans such disproportionate results. The district court ruled that Title II did not cover disparate impact, but, in a surprising move, the NCAA abandoned that winning argument on appeal.

Pacific Legal Foundation Senior Attorney Joshua Thompson will discuss the parties’ arguments and explain why PLF as amicus was the only party to support the lower court’s judgment. Roger Clegg, President and General Counsel of the Center for Equal Opportunity, will also join us to moderate the call.

Featuring:

• Mr. Joshua P. Thompson, Senior Attorney, Pacific Legal Foundation
• Moderator: Mr. Roger Clegg, President & General Counsel, Center for Equal Opportunity

Hardie v. NCAA is a recently argued case from the Ninth Circuit.  It involves a NCAA ban on all convicted felons from coaching in NCAA-certified tournaments held for recruiting student-athletes to NCAA Division I schools. The key question is whether this policy has a “disparate impact” (disproportional statistical effect, but without any racially discriminatory intent) on African Americans -- and whether Title II of the 1964 Civil Rights Act, which precludes “discrimination or segregation on the ground of race, color, religion, or national origin” in “places of public accommodation,” bans such disproportionate results. The district court ruled that Title II did not cover disparate impact, but, in a surprising move, the NCAA abandoned that winning argument on appeal.

Pacific Legal Foundation Senior Attorney Joshua Thompson will discuss the parties’ arguments and explain why PLF as amicus was the only party to support the lower court’s judgment. Roger Clegg, President and General Counsel of the Center for Equal Opportunity, will also join us to moderate the call.

Featuring:

• Mr. Joshua P. Thompson, Senior Attorney, Pacific Legal Foundation
• Moderator: Mr. Roger Clegg, President & General Counsel, Center for Equal Opportunity

Call begins at 2:00 p.m. Eastern Time.

Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.