NFL TURNS IT OVER

By: Kathleen Bray

Being primarily a college, rather than pro-football fan, I missed the fact that the 8th Circuit in late September upheld a lower court ruling that the NFL may not punish Kevin and Pat Williams for violating its drug policy. The drug used to mask steroid use, is not an illegal drug in Minnesota, and therefore under Minnesota’s Consumable Products Act (lifestyle discrimination law) the NFL could not punish employees for use of legal substances on their own time. This law was enacted a number of years ago to prohibit employers from punishing employees for lawful use of consumable products, primarily cigarettes and alcohol. It was also argued that the NFL drug policy violated Minnesota’s Drug and Alcohol Testing in the Workplace Law. The Court ruled that neither law was preempted by the NFL collective bargaining agreement, and each applied to these circumstances. We, however, are only at midfield in this dispute, so we will be seeing more on this matter in the future.

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