Unionizing College Athletes

On March 26, the a Regional Director for the NLRB ruled that football players at Northwestern University in Evanston, IL are employees for purposes of the NLRA and, as such, have the right to form a union. The decision found that grant-in-aid scholarship football players receive compensation just like employees receive wages under the NLRA and has directed an election to take place. Assuming the decision is upheld by the full NLRB in Washington and the Courts, this ruling has the potential of dramatically changing college sports. To read the 24-page decision visit here.

As of March 24, Federal Contractors must now comply with new affirmative action requirements, which encourage the hiring of veterans and people with disabilities. The most noteworthy requirement is that federal contractors must have utilization goals for employees with disabilities and hiring benchmarks for veterans. Data collection is also required under these regulations, as well as invitations to job applicants to self-identify as veterans or individuals with disabilities. Federal contractors should take steps to confirm that their documents, practices and written affirmative action plans comply with the new regulations.

The U.S. Federal Trade Commission (FTC) and the U.S. Equal Employment Opportunity Commission (EEOC) have published two technical assistance documents that explain how the agencies' respective laws apply to background checks performed for employment purposes. This is the first time that the two agencies have partnered to create resources addressing concerns in this key area.

Background Checks: What Employers Need to Know is for employers. This document stresses that employers need written permission from job applicants before getting background reports. They reaffirm that it is illegal to discriminate based on a person's race, color, national origin, sex, religion, age (40 or older), disability, or genetic information, including family medical history, when requesting or using background information for employment, regardless of where the information was obtained.

Background Checks: What Job Applicants and Employees Should Know is for job applicants and employees. This document informs job applicants that it is not illegal for potential employers to ask about their background, as long as the employer does not unlawfully discriminate and obtains written permission. When applicants and employees are turned down for a job or denied a promotion based on information in their background reports, they have the right to review the reports for accuracy.