A PIECE OF BRITT

This note addresses employment law implications of professional quarterback Colin Kaepernick’s inability to find work after engaging in public protests against police brutality. The note begins with a review of Kaepernick’s 2016 protests and subsequent difficulties securing employment with an NFL team. The note then examines relevant principles of federal anti-discrimination law and New York antidiscrimination law, which might apply in Kaepernick’s situation. Both protect against racial discrimination, while only New York protects from discrimination based on a narrow class of political activities. The note finds that few, if any, of these provisions would benefit Kaepernick based on their usual applications. The note proposes several solutions, including that courts should be more receptive to claims that some, but not all, members of a given racial group are facing discrimination and that statutory protections against political discrimination should be strengthened.