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Will An Openly Gay NFL Player Be Protected in the Locker Room?

Author: Scarinci Hollenbeck, LLC

Date: February 19, 2014

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NFL Player Comes out as Openly Gay

With the news that former Missouri defensive end and current NFL draft prospect, Michael Sam is gay, this upcoming season will see a first – an openly gay NFL player in the locker room. Many coaches and players have come out in support of Sam in recent days, saying that having him in the locker room would be a non-issue and only his performance on the field and as a teammate matters.

However, other anonymous officials have come out and said having Sam in the locker room will be an issue – as it is commonplace for players to use offensive slurs. This could be a major problem if Sam is in the locker room, so is there policy in place that can protect him in such an event?

Workplace Behavior Policy

There is some protection in place, as the NFL has a clear workplace behavior policy, which includes objectives such as:

  • Providing a clear definition of sexual harassment and detailed examples of illegal and inappropriate behavior
  • Ensuring each member of the NFL fully understands that sexual harassment and discrimination are against the law
  • Building awareness of the NFL’s policies on sexual harassment and discrimination
  • Providing clear and acceptable workplace-behavior guidelines for all employees

With these policies in place, Sam should have the right to a safe workplace. This is the same issue that came up with the Jonathan Martin-Richie Incognito bullying case as well.

Should Sam feel as though his teammates are making the locker room an abusive workplace, he could seek legal action. However, we are far away from that being reality, as he first needs to be drafted and make a roster. Sam is currently projected to go between the third and fifth rounds of the NFL Draft.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

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