If you are upset that Black men make up almost 28% of the head coaches in the National Football League, and that there might be even more Black head coaches in the NFL in the future, here are three big tips for you.
First, if you complain that the NFL is following rules that are designed to encourage Black men to become head coaches, the first thing you must know is that you have to be "aggrieved" if you want to sue under Title VII of the Civil Rights Act of 1964.
In 2011, the U.S. Supreme Court said that "aggrieved" in the Civil Rights Act means that it applies to a person who is within the "zone of interests" that are arguably protected by that law, but it excludes everyone else whose interests are not related to the statutory prohibitions. Remember, whatever you do, that the current supreme court may stand by that decision in your case.
So make sure that when someone sees you or your group that when your picture is taken, you at least look like people who played football, if not at a professional level, let alone coached it.
Second, the same law that makes it possible for a person aggrieved by an employer's alleged "unlawful employment practice" to file a complaint with the Equal Employment Opportunity Commission, also provides that the EEOC must informally investigate the complaint and keep it totally private. The reason is obvious: If a complaint is leaked to the press, for example, the effects on the reputation of the accused can be huge, to coin a word.
Moreover, the same law also provides: "Any person who makes public information in violation of this subsection shall be fined not more than $1,000 or imprisoned for not more than one year, or both."
So don't be stupid and take a chance that you or your lawyers announcing your grievance complaint are fined or imprisoned. Keep it private, if you really have a complaint that is.
Third, if you decide to file a lawsuit over your complaint, remember that you may have to pay the reasonable attorney's fees of the accused under the Civil Rights Act of 1964 if the accused becomes the prevailing party in your lawsuit.
So before you or your group -- let's call them the Bad Faith Boys or the Grievance Dudes – file a lawsuit like this, remember that some people are not intimidated easily. And that some of them play football for a living.
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