Leveling the Playing Field: Can Title VII Work to Increase Minority Coaching Hires in NCAA Athletes

In 1978, the Supreme Court approved using race to make college campuses more diverse. Four years ago, the Court said that in the future, using race in college admissions might not be needed. But in sports, there is still work to do to give opportunities to minority coaches. The NFL has a rule to make sure teams interview minority candidates for head coach jobs, and it’s making a difference. The Rooney Rule has helped increase the number of minority head coaches in the NFL, but the progress in college football has been much slower. The Black College Association says it will take 80 years to reach a fair representation of African-American coaches in college football. Some people are considering filing lawsuits under Title VII to force colleges to hire more minority coaches. But would such a lawsuit be successful? Let’s take a look at the potential arguments and outcomes if a minority coach were to sue a college under Title VII. The Florida Civil Rights Act (FCRA) is a law in Florida that protects people from discrimination based on race, color, religion, sex, national origin, age, handicap, or marital status. It is similar to a federal law called Title VII. If a coach in Florida believes they were treated unfairly at work because of their race, they can use the FCRA to bring a case. They would need to show that they belong to a racial minority, that they faced unfair treatment, that others in the same job were treated better, and that they were qualified for the job. If they can prove this, the burden shifts to the employer to show there was a legitimate reason for their actions. The coach would then need to show that this reason was just an excuse for discrimination. It’s not very difficult for a coach to prove their case, especially if they are African-American. According to discrimination law, an employee must prove that they experienced a significant negative change at work because of their race, gender, or other protected status. They also need to show that they were treated differently from other employees in the same situation. If they’ve been in their job for a long time and are qualified for it, it’s assumed they were treated unfairly. Once the employee shows this, the employer has to explain why they made the decision, and it has to be based on a real reason, not just personal opinions. This can make it harder for employees to prove their case. This section discusses how an employee can refute an employer’s discrimination claims by providing evidence that the reasons given by the employer were not the real reasons for the adverse employment decision. It also mentions the possibility of bringing a Title VII claim under the “cat’s paw” or “rubber stamp doctrine,” where a subordinate’s discriminatory behavior can be attributed to the employer. The passage also talks about the importance of having a well-known coach, like Curt Flood, to bring a lawsuit against an NCAA institution for discrimination. It is difficult to prove racial discrimination in hiring. One example is the case of Jackson v. University of New Haven, where an African-American coaching candidate sued because he didn’t get an interview for a coaching job.

Source: https://www.floridabar.org/the-florida-bar-journal/leveling-the-playing-field-can-title-vii-work-to-increase-minority-coaching-hires-in-ncaa-athletes/