Colin Kaepernick Return: Lawyer Reveals QB’s Possible Legal Options vs. NFL

Kaepernick kneel, Kaepernick protest, Kaepernick blackball

Getty Colin Kaepernick

Colin Kaepernick is not playing in the NFL right now. In fact the embattled NFL quarterback has not suited up for in the league in the past three seasons.

Taking a cursory look back: It all began when Kaepernick refused to stand during the playing of the National Anthem.

“I am not going to stand up to show pride in a flag for a country that oppresses black people and people of color,” Kaepernick told NFL network’s Steve Wyche during the NFL’s preseason three years ago.

“To me, this is bigger than football and it would be selfish on my part to look the other way. There are bodies in the street and people getting paid leave and getting away with murder.”

Kaepernick would later kneel instead of deciding to not participate during the playing of the national anthem before NFL games.

His refusal triggered other athletes like Los Angeles Lakers All-Star LeBron James, Oklahoma City Thunder point guard Chris Paul, NBA free agent, Carmelo Anthony and recently retired Miami Heat legend Dwyane Wade to join their WNBA counterparts in becoming vocal about police brutality of minorities.

What’s next?

According to an article written by RESPECT Magazine’s Eric Salvary previously, quarterback coach and athlete performance specialist Madei Williams suggested that there were seven NFL teams that could make sense as a fit for Kaepernick.

The list of teams according to Salvary and Williams included at the time were the Philadelphia Eagles, Indianapolis Colts, Miami Dolphins, Arizona Cardinals, Oakland Raiders, Minnesota Vikings and Jacksonville Jaguars.

“My only problem with Colin Kaepernick right now is that there are too many people talking for him,” ESPN’s Stephen A. Smith told Ebro Darden, Laura Stylez and Peter Rosenberg on a recent epsiode of Hot 97’s Ebro in the Morning.

Appearing on this week’s episode of the Scoop B Radio Podcast, top sports and entertainment attorney, Richard Roth tells me that there are some constraints in Kaepernick proving he was discriminated against.

Check out a snippet from our Q&A from the Scoop B Radio Podcast below:

Brandon ‘Scoop B’ Robinson: Legally, I mean, I know when I look at the workplace, you look at discriminatory, you know, it would obviously be in a workplace outside of the NFL, what would be discrimination based off of something why the Good Old Boys Club won’t hire someone, but in the NFL, is there any recourse that he can take, based on the fact that nobody will sign him?

Richard Roth:
I’m sorry to interrupt you, he’s got two problems: problem number one is that it’s very hard to commence a discrimination lawsuit for not hiring. Not hiring is much tougher than demoting or firing you, but the second problem is bigger. The second problem is he needs proof. He needs some evidence that the reason why they’re not hiring him is because he’s a black guy who took a knee during the anthem, and without any evidence, I mean it’s definitely odd, and I think everyone knows the reason why he’s not being hired, but he can’t really sue because he has no proof that that’s the reason. Just because he’s not being hired doesn’t necessarily mean that that’s why they’re not hiring, although I certainly believe it is, and a lot of people believe it is, but without any proof, there’s no case to bring, which is very frustrating for him, he’s just hoping that somebody, one team, opens up its wallet and says, “listen, we’re gonna give you a shot,” which he’s entitled to.

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