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  #1 (permalink)  
Old Wed Feb 13, 2008, 01:55pm
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Quote:
Originally Posted by rockyroad
While I think this action is ridiculous, I'm not sure it makes the school "kooks".
If they recieve *any* public funding I think this action makes them outside of the law.

And yes they are kooks. Face it, we live in a world with kooks, religious and otherwise. These people are just more of the same.
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Old Wed Feb 13, 2008, 01:57pm
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I don't believe SMA receives any public funding, Dan. From what I know about the school, they'd be in violation of quite a few laws if that were the case.
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Old Wed Feb 13, 2008, 02:03pm
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Quote:
Originally Posted by jdw3018
I don't believe SMA receives any public funding, Dan. From what I know about the school, they'd be in violation of quite a few laws if that were the case.
OK, then they're just a bunch of kooks.

Good to know

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Old Wed Feb 13, 2008, 03:02pm
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Quote:
Originally Posted by jdw3018
I don't believe SMA receives any public funding, Dan. From what I know about the school, they'd be in violation of quite a few laws if that were the case.
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.
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Old Wed Feb 13, 2008, 03:20pm
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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.
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  #6 (permalink)  
Old Wed Feb 13, 2008, 04:05pm
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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?
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Old Wed Feb 13, 2008, 04:08pm
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Oops..that'll teach me for doing three things at once...maybe multitasking is for the young...
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Old Wed Feb 13, 2008, 04:08pm
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doubtful they use contracts. The Pius X Academy I used to work for never did.
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Old Wed Feb 13, 2008, 04:14pm
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Quote:
Originally Posted by BktBallRef
Who said she had a contract? Where does it say a contract was broken? or are you just assuming?
Probably........

Are you assuming she didn't?

Do you have a written agreement for your varsity games or higher?

In this case an oral agrreement would suffice.

The point is she was dismissed for being a woman.

They can claim anything they want why she was refused the right to work and probably get away with it.

Last edited by fullor30; Wed Feb 13, 2008 at 04:26pm.
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  #10 (permalink)  
Old Wed Feb 13, 2008, 06:30pm
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Quote:
Originally Posted by jdw3018
They certainly are. But not if they are a government agency or operating with government funds. That's why it matters.

The public grade school cannot call up a plumber, have that plumber arrive with all necessary licenses and credentials, and then refuse to allow him to fix the drain because he's black. They just can't do it.
Again, cite the statutes you say you been advised on that would effect independent contractors.

Quote:
Originally Posted by fullor30
Probably........

Are you assuming she didn't?

Do you have a written agreement for your varsity games or higher?

In this case an oral agrreement would suffice.

The point is she was dismissed for being a woman.

They can claim anything they want why she was refused the right to work and probably get away with it.
No, I've never had a written contract for any game I've ever worked. I've worked in Tennessee and North Carolina. So obviously not every state/school requires a contract. Games are assigned through a booking association sanctioned by the state association. There is no contract. The school does NOT have to accept any official the booking agent chooses to send and can refuse one for any reason.

When all is said and done, we know they are a private entity. IF there's a contract, (which I seriously doubt since they would already have known a woman was being sent to work the game), there could be a breach of contract and she could sue them for damages. But absent that, she doesn't have a leg to stand on.
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Last edited by BktBallRef; Wed Feb 13, 2008 at 06:46pm.
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  #11 (permalink)  
Old Thu Feb 14, 2008, 12:41pm
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Nope

BearfanMike intoned:

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

Your "American Side" is showing.

I went to high school with Michelle Lau (Gender Male).

Regards,
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Old Thu Feb 14, 2008, 12:48pm
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Quote:
Originally Posted by Tim C
BearfanMike intoned:

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

Your "American Side" is showing.

I went to high school with Michelle Lau (Gender Male).

Regards,

touche'

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  #13 (permalink)  
Old Wed Feb 13, 2008, 03:40pm
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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.
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Old Wed Feb 13, 2008, 03:53pm
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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.
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Last edited by BktBallRef; Wed Feb 13, 2008 at 04:01pm.
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  #15 (permalink)  
Old Wed Feb 13, 2008, 04:01pm
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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?
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