This episode is about the impact of employment laws on the NBA’s decisions about older head coaches if (and when) the league resumes play in Orlando. There has been some discussion over the last few weeks about the NBA possibly banning coaches like Mike D’Antonio and Gregg Popovich from the bench, based on the way COVID-19 has impacted older populations.
Mike discusses the two main employment laws the NBA needs to think about: the ADEA (age discrimination), and the ADA (disability discrimination).
The guest for this episode is Philip Berkowitz, a Shareholder at Littler Mendelson, a national employment defense firm.
(3:20) Berkowitz explains why the NBA can look back to an international battery company for guidance
(4:39) What would Berkowitz do if he was the NBA’s General Counsel?
(5:30) Is it a good idea for the NBA to make older head coaches wear masks?
(6:33) Mike explains why recent EEOC guidance makes it extremely difficult for the NBA to exclude any individual employee.
(9:35) Why shouldn’t the NBA just make every worker sign a waiver?
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Slow Burn by Kevin MacLeod