Are NFL Player Protests Protected by Labor Law?

The NFL Protests that started in 2016 with Colin Kaepernick kneeling have triggered a national dialogue about protest and what type of actions deserve the protection of federal law. Kaepernick said that he was kneeling during the national anthem to raise awareness of racism, social injustice and police brutality against black people and people of color. In response, he was called unpatriotic, and as you know, has not been signed as a free agent—even as a backup. Kaepernick has pursued a labor grievance accusing the owners of colluding to keep him out of the league. In late August, an arbitrator ruled against the NFL when it tried to have his case of collusion dismissed. The arbitrator found there was enough evidence of collusion to proceed to a full hearing. Read one of the articles detailing these events in the NY Times and come to the talk on October 31 at 7:00 with a comment or question.

Angela is a Clinical Professor of Law at the Cornell Law School. She received her Juris Doctorate from the University of Washington in 1989. She is the founding director of the Labor Law Clinic and teaches Labor Law, Practice and Policy as well as related courses.  In the Clinic, students transition from theory to practice by representing clients with labor and employment law matters.  The Clinic takes both domestic labor law as well as international labor cases, which focus on Freedom of Association.  Professor Cornell closely supervises all of the clinic cases.  She has extensive practice experience in the field of labor and employment law.  Before joining the law school faculty, she was a partner in a labor and employment law firm, where she litigated a broad range of cases, including discrimination based on sex, including sexual harassment, race, national origin, disability, age, Title IX, the Family Medical Leave Act, wage and hour, First Amendment Retaliation and Duty of Fair Representation.  She also practiced immigration law for years and international human rights in Chile and Peru. She served as Labor Commissioner under Governor Bill Richardson.  Her opinions have been featured in major media outlets, including The New York Times, The Economist, CNN Money, Ms. Magazine, Gannett, Washington Post, NPR, and others.