Friday, 15 Nivôse 185 18:27 LMT
Court Strikes Down Anti-Discrimination Act
by Robert Tocci
NEW PROVIDENCE, 36 URSAE MAJORIS III (LNN) – The Fifth Court of Appeals of the Commonwealth struck down the Anti-Discrimination Act (ADA), passed three years ago by the legislature of 36 Ursae Majoris III in K'ch'tll'k v Commonwealth Association Football League, et al.
K'ch'tll'k, a member of the avian species known as the Evi'ru, charged the CAFL with discrimination over the rule requiring players to remain on the ground and kick the ball with their feet. The Evi'ru can fly, but cannot walk or run for more than a few minutes.
The district court, the appellate court, and the Supreme Court of 36 Ursae Majoris III all ruled in favour of K'ch'tll'k. They found that kicking the ball was not essential to football, especially in his individual case. By striking the ball with the wings or hands, it was still a kicking motion and did not essentially change the sport.
The Commonwealth court overturned the conviction of the CAFL on two grounds. They ruled that whatever the rules of a sport say is essential is what is essential. The ADA allows a "written job description" to serve as evidence of what is essential, and the rules of football fulfil that role.
The Court also had constitutional issues with the law. All Commonwealth member worlds must follow Article V of the Commonwealth Constitution, which guarantees specific rights to Commonwealth citizens. Section 12 outlaws discrimination by the government, but guarantees freedom of association to businesses and other organisations.
The CAFL issued a statement saying, "We do not deny that K'ch'tll'k is a talented athlete, and we have never denied anyone a chance to play football based on anything except athletic ability. However, we feel that the Laws of Football must apply equally to all competitors. If running is not essential to football, then is anything essential to any sport? Almost no business policies are truly essential and unchangeable. Striking down this law will allow companies to not have to worry that every change, every promotion, every hiring might be grounds for a million-pound fine."
Attornies for K'ch'tll'k said, "We cannot believe the court would strike down such a beneficial law. K'ch'tll'k can play football - the sole reason the CAFL did not hire him is because of his race and his disability. People need to be protected from such unfair behaviour. This decision applies to every company on the planet. Any worker can now be fired solely because of a prejudiced employer."
During the law's three years, there were 582 claims of discrimination filed. Only 120 of them went to court and there were 17 convictions. The population of 36 Ursae Majoris III is 400 million.
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