First of all, athletes volunteering for non-profit teams....
Posted on: October 2, 2019 at 07:37:46 CT
zounami MU
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aren't "employees".
Second, the NCAA isn't prohibiting outside work. Lots of NCAA student-athletes have jobs. The NCAA simply says that you lose your amateur status if you make money related to your sports abilities, and thus you won't be eligible to be a volunteer player for its amateur teams.
It sounds like non-profits have quite a bit of leeway in choosing who their volunteers are:
"A nonprofit is not legally required to give a reason for rejecting someone as a volunteer. And since volunteer work is generally not considered employment, the person who was not accepted cannot even invoke the anti-discrimination in employment protections of civil rights laws."
Thus, non-profit organizations can choose which volunteers they accept for any reasons they deem to be pursuant to their mission or cause. There is strong rationale for non-profit universities requiring "amateur status" for their sports teams, just as there is strong rationale for religious organizations (such as churches) selecting volunteers based on "religious status", which they are permitted to do by law, even for employees.
That is how the Supreme Court will see things.
Edited by zounami at 07:45:05 on 10/02/19