Fit to Play in the NBA? Reconciling the NBA Collective Bargaining Agreement with the Americans with Disabilities Act

Abstract

What options does a professional basketball player have when his team questions his fitness to play? The recently updated collective bargaining agreement (CBA) between the National Basketball Association (NBA) and National Basketball Players Association (NBPA) creates a streamlined process for fitness-to-play determinations. However, the CBA forces players to waive their otherwise valid legal claims in the course of those proceedings, leaving them vulnerable to discrimination. This Essay argues that NBA players should maintain the full panoply of their legal rights as employees in the course of fitness-to-play inquiries, with a special focus on the legal protections afforded by the Americans with Disabilities Act (ADA).

Keywords: Professional Sports, Basketball, Collective Bargaining, Disability Law, Labor Law, Discrimination, Privacy

JEL Classification: K30, K31