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-   -   School Not Allowing a Woman Official (https://forum.officiating.com/basketball/41877-school-not-allowing-woman-official.html)

fullor30 Wed Feb 13, 2008 03:20pm

Quote:

Originally Posted by BktBallRef
In violation of law? I don't think so.

We're independent contractors. No school has to hire any of us. They can choose not to use any official, just as they can choose not to use a certain plumber or electrician.

They're kooks but they haven't done anything illegal as far as I can tell.

She had a contract and they broke it because she's a woman. I'll bet she's had a dozen calls from lawyers. It's called discrimination.

Raymond Wed Feb 13, 2008 03:22pm

Quote:

Originally Posted by Scrapper1
I don't want to read it, which is why I asked the question. Since nobody will answer it, and I can't be bothered reading about a bunch of kooks, I'll just excuse myself from this thread.

You don't have time to read but you have time to constantly type the same question over and over? :rolleyes:

__________________________________________________ _____________

I wonder what the school in question does/has done/will do if a female official is assigned to an away game? I certainly hope the female official was paid for showing up to her assigned game.

Bearfanmike20 Wed Feb 13, 2008 03:23pm

wouldn't the fact that her name is michelle give it away before the game ever came close to starting??..:confused:

jdw3018 Wed Feb 13, 2008 03:40pm

Quote:

Originally Posted by BktBallRef
In violation of law? I don't think so.

We're independent contractors. No school has to hire any of us. They can choose not to use any official, just as they can choose not to use a certain plumber or electrician.

They're kooks but they haven't done anything illegal as far as I can tell.

My response was in reference to quite a few of their practices that would place them in violation of statutes governing entities that receive federal funding.

Refusing a female official with whom the school has a signed contract (or, in this case the association that assigns the official) would definitely violate these federal statutes.

My point was simply that the school doesn't receive any federal (or state) money and is therefore able to discriminate in ways any public school (or private school that receives any sort of public funding) cannot.

BktBallRef Wed Feb 13, 2008 03:53pm

Quote:

Originally Posted by jdw3018
Refusing a female official with whom the school has a signed contract (or, in this case the association that assigns the official) would definitely violate these federal statutes.

Really? Let's suppose they receive federal funding. Please tell me what federal statutes are being violated because they choose not to hire someone as an independent contractor.

Any public high school in my state (and in most others I'm sure) are free to hire or not hire any independent contractor they choose. We are not employees, therefore laws concerning employees do not apply to us.

jdw3018 Wed Feb 13, 2008 04:01pm

Quote:

Originally Posted by BktBallRef
Really? Let's suppose they receive federal funding. Please tell me what federal statutes are being violated because they choose not to hire someone as an independent contractor.

Any public high school in my state (and in most others I'm sure) are free to hire or not hire any independent contractor they choose.

I have no book of statutes readily available with which to provide the appropriate citation. Are you saying that a school receiving federal funds has the right to discriminate based on gender without violating the terms under which they received that funding?

fullor30 Wed Feb 13, 2008 04:01pm

Quote:

Originally Posted by BktBallRef
Really? Let's suppose they receive federal funding. Please tell me what federal statutes are being violated.

I'm not a lawyer, nor do I play one on TV, as an independent contractor as you mentioned, you're not subject to the same discrimination laws. I do however think she has a case with a contract that was broken because of gender.

I doubt federal funding if received would play into this.

bellnier Wed Feb 13, 2008 04:02pm

I think this is the same Saint Mary's that forfeited a football game because the opponent had a girl on the team...boo

fullor30 Wed Feb 13, 2008 04:03pm

Quote:

Originally Posted by BktBallRef
Really? Let's suppose they receive federal funding. Please tell me what federal statutes are being violated because they choose not to hire someone as an independent contractor.

Any public high school in my state (and in most others I'm sure) are free to hire or not hire any independent contractor they choose. We are not employees, therefore laws concerning employees do not apply to us.

"Any public high school in my state (and in most others I'm sure) are free to hire or not hire any independent contractor they choose."

That said, if it was proven that they wouldn't hire or in this case break a contract due to gender is asking for a heap of trouble.

jdw3018 Wed Feb 13, 2008 04:04pm

Quote:

Originally Posted by bellnier
I think this is the same Saint Mary's that forfeited a football game because the opponent had a girl on the team...boo

It is - this was also referenced in the article.

Bearfanmike20 Wed Feb 13, 2008 04:04pm

Quote:

Originally Posted by fullor30
I'm not a lawyer, nor due I play one on TV, as an independent contractor as you mentioned, you're not subject to the same discrimination laws. I do however think she has a case with a contract that was broken because of gender.

I doubt federal funding if received would play into this.


I am not a lawyer either, but I do believe that you can fire a contractor for any reason. It doesn't matter why.

BktBallRef Wed Feb 13, 2008 04:05pm

Quote:

Originally Posted by fullor30
She had a contract and they broke it because she's a woman. I'll bet she's had a dozen calls from lawyers. It's called discrimination.

Who said she had a contract? Where does it say a contract was broken? or are you just assuming?

rockyroad Wed Feb 13, 2008 04:06pm

Quote:

Originally Posted by RichMSN
This is 2007 and we live in America (most of us). Refusing a woman official is abhorrent and "kook", IMO, is a kind way of describing these people.

Well in that case, I think you're a nut-job for thinking that they are kooks. In the name of diversity (or at least your version of it) you are dismissing their diverse worldview as not fitting your worldview. Kind of the pot calling the kettle black, doncha think??:rolleyes:

Anyway, I really don't think the school handled things well, and I am tremendously impressed with Ms. Campbell's response to the whole thing.

BktBallRef Wed Feb 13, 2008 04:07pm

Quote:

Originally Posted by jdw3018
I have no book of statutes readily available with which to provide the appropriate citation. Are you saying that a school receiving federal funds has the right to discriminate based on gender without violating the terms under which they received that funding?

Discriminate when hiring an employee? No. BUT SHE IS NOT AN EMPLOYEE.

It's no different than picking up a phone book, calling a plumber, and then refusing to let her do the work because she's a woman. They are pefectly within their rights to use or not use anyone they choose.

bellnier Wed Feb 13, 2008 04:08pm

Oops..that'll teach me for doing three things at once...maybe multitasking is for the young...


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