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Old 06-10-2009, 10:15 AM   #1
Shepseskaf
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Default Is the age limit rule against the law?

The NBA Age Limit and the Employment Discrimination Laws
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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.
Its about time for someone to take Dictator Stern to task over this. Its a ridiculous rule now, but wait until the minimum age goes to 20. Its a clear-cut case of age discrimination.
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Old 06-10-2009, 10:21 AM   #2
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Default Re: Is the age limit rule against the law?

Another clear example showing that discrimination is taken too far sometimes. If the NBA decides to allow only players aged 19 and above, what's the problem? That's their choice right?
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Old 06-10-2009, 10:29 AM   #3
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Default Re: Is the age limit rule against the law?

Yes, especially since they allow 19 year olds to play but not 18 year olds. The solution is to require players to play in the D league before coming to the NBA. This would comply with the law by allowing them to play professionally and would increase the attention given to the D league.
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Old 06-10-2009, 10:36 AM   #4
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Default Re: Is the age limit rule against the law?

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Originally Posted by quasimoto
Another clear example showing that discrimination is taken too far sometimes. If the NBA decides to allow only players aged 19 and above, what's the problem? That's their choice right?
No, ultimately businesses have to conform to the law. They don't just get to make arbitrary rules that discriminate. Check the history of the corporate anti-trust laws to see how its supposed to work.
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Old 06-10-2009, 10:44 AM   #5
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Default Re: Is the age limit rule against the law?

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Originally Posted by Shepseskaf
No, ultimately businesses have to conform to the law. They don't just get to make arbitrary rules that discriminate. Check the history of the corporate anti-trust laws to see how its supposed to work.
I'm not saying you're wrong. I just think these anti-discrimination laws get to the point where it starts to become ridiculous. It would be a different thing if the NBA only allowed white people or something like that, but imo it's fine the way it is now.
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Old 06-10-2009, 10:47 AM   #6
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Default Re: Is the age limit rule against the law?

is the age limit for congress against the law, is the drinking age or voting age against the law?
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Old 06-10-2009, 11:07 AM   #7
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Default Re: Is the age limit rule against the law?

The NBA could easily re-write their rule to conform to the law - for instance they could require two years of post-high school basketball experience.

If that's illegal, then it's a law that virtually every company on earth breaks. There's no official age limit on being a doctor, but you know that nobody can cover all the prerequisites before age 23 or so - and yet aspiring doctors can't sue anybody over it, even if they have a 4.0 GPA at age 17 and have obvious doctor potential.

I have a couple other points to make about the age limit, because I so often read posters and writers who apparently have no ability to think rationally about this subject:

-There is a fixed amount of money spent by NBA teams on a fixed number of roster spots. For instance, if all 30 teams spend $70 million up to the tax threshold, that's $2.1 billion going to 420 players, and the age limit has no bearing on this. If 60 rookies are drafted and signed, it pushes 60 veterans out of the league, whether the rookies are 15, 18, or 20 years old. To say that players are being jipped out of earning money at age 17 is a weird stance to take, because if you allow that 17 year old to earn money, you're jipping a 33 year old out of the same exact money. And that 17 year old will one day become a 33 year old, and will be pushed out of the NBA a year earlier than he would have been if the age limit was 18.

Said another way, the age limit does not change the total amount that players earn over their career, it only controls the average age of the league.

Most people who argue against an age limit know how silly their argument is, so they actually argue for an 18 year age limit. If there was literally no age limit, teams would draft 16 year old 7 footers as soon as it's obvious that they have all-star potential. The average age of the league would drop a couple years, and the play quality would deteriorate, becasue on average 34 year old veterans are more useful in competitive games than 17 year olds with potential are.
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Old 06-10-2009, 11:11 AM   #8
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Default Re: Is the age limit rule against the law?

its not against the law.

http://www.eeoc.gov/policy/adea.html

The Age Discrimination in Employment Act of 1967:

Quote:
The ADEA prohibits employment discrimination against persons 40 years of age or older.

that's it. you can discriminate against people based on age for ages 1-39, but not 40 year olds.

in fact the website even says:
Quote:
The ADEA permits employers to favor older workers based on age even when doing so adversely affects a younger worker who is 40 or older.

http://www.eeoc.gov/facts/age.html
this also implies that you can favor an older worker based on age even if adversely affects someone younger than 40 as well.

So you can't discriminate with age for persons under 40 only, whether its a government job or another type of job. This allows requirements such as:

minimum age of 15 to be a lifeguard
minimum age of 35 to be the president
minimum age of 30 to be a senator
minimum age of 23 to be a transport pilot

as well as the nba and nfl's age requirements.

so people can cry all they want but unless the law changes, the nba doesn't have to do anything legally.

Last edited by gotbacon23 : 06-10-2009 at 11:19 AM.
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Old 06-10-2009, 11:13 AM   #9
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Default Re: Is the age limit rule against the law?

Quote:
Originally Posted by Roundball_Rock
Yes, especially since they allow 19 year olds to play but not 18 year olds. The solution is to require players to play in the D league before coming to the NBA. This would comply with the law by allowing them to play professionally and would increase the attention given to the D league.
I like it.
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Old 06-10-2009, 11:57 AM   #10
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Default Re: Is the age limit rule against the law?

Quote:
Originally Posted by adamcz
If that's illegal, then it's a law that virtually every company on earth breaks. There's no official age limit on being a doctor, but you know that nobody can cover all the prerequisites before age 23 or so - and yet aspiring doctors can't sue anybody over it, even if they have a 4.0 GPA at age 17 and have obvious doctor potential.

This is the weakest argument ever. There is no law that you cannot be a doctor at age 18, but the prerequisties are that you need to complete medical training before you are allowed to practice medicine. And training is absolutely necessary for doctors to even know how to practice medicine. It is just too bad that the training takes so long, there is no discrimination at that. Do you want a 17 year old with a 4.0 GPA to perform a heart bypass surgery on you because he "has obvious doctor potential?" That'll be insane. If you want to speed up your medical training, you can be extra smart and skip grades to graduate from high school early, take up summer school in college to graduate early and then start your MD training as soon as possible. Now they won't hold you back to be a doctor at 23 when you're fully qualified.

For NBA players, if they have proven fully capable to play at age 18 then they should be playing. However the league doesn't allow them to do so for obvious reasons. Part of the reason is that the NBA is not an open market like european soccer leagues are. Over there, you are free to sign a player early and put them in training while you play your veterans to win. Once they get better and your vets age you can promote them to the first team.
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Old 06-10-2009, 12:02 PM   #11
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Default Re: Is the age limit rule against the law?

I just don't think the NBA should have the right to tell a legally recognized adult (18 year old) what he can or can't do as it pertains to his employment.
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Old 06-10-2009, 12:02 PM   #12
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Default Re: Is the age limit rule against the law?

They should institute a two year collegiate minimum.. Regardless of physical ability, it has been proven time and time again, that going thru training in the lower ranks, will improve a player in the long run. Fundamentals are easier to learn before the pro's, not when you are expected to play at a stellar level. Plus, there would be a less amount of busts' in the NBA and you would have more players ready to be star players... because of the mental conditioning..
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Old 06-10-2009, 12:03 PM   #13
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Default Re: Is the age limit rule against the law?

Quote:
Originally Posted by depletedW
I just don't think the NBA should have the right to tell a legally recognized adult (18 year old) what he can or can't do as it pertains to his employment.


As opposed to the many institutions that do?
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Old 06-10-2009, 12:06 PM   #14
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Default Re: Is the age limit rule against the law?

Quote:
Originally Posted by Shepseskaf
The NBA Age Limit and the Employment Discrimination Laws

Its about time for someone to take Dictator Stern to task over this. Its a ridiculous rule now, but wait until the minimum age goes to 20. Its a clear-cut case of age discrimination.


if you look at this from that standpoint it is but then the NBA could write a book of requirements such as:

1. Be at least 18 years of age
2. Have one year or more of US College Basketball in his resume or one year or more of International Basketball

Etc etc

I think the age rule is good for the players to develop and make their transition quicker into the Nba. It also benefit us "the fans" because then we can appreciate a better quality of game in the Nba.
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Old 06-10-2009, 12:09 PM   #15
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Default Re: Is the age limit rule against the law?

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Originally Posted by Waking_Life
As opposed to the many institutions that do?
I know the NBA is not the only institution to do so, but it just seems odd to me for some reason...
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