The plan of return to the competition presented by the NBA is again questioned and this time by the union of trainers who see it as « harmful » in the face of future professional interests within their union.
On at 15:03
The union fears that the new league standards and guidelines that could prevent team employees in high-risk categories for the coronavirus attending the restart of the season in Orlando could « seriously jeopardize » your future job opportunities.
Union Executive Director (NBCA) Dave Fogel and Dallas Mavericks coach President Rick Carlisle have concerns that several assistants and three head coaches: Mike D’Antoni (Houston, 69), Alvin Gentry (New Orleans, 65) and Gregg Popovich (San Antonio, 71) will not be able to lead their teams and some may face considerable challenges to resume their careers.
Although the NBCA acknowledged through a statement that the health and safety of all NBA coaches was its greatest concern, it also has it for job opportunities and especially for not allow discrimination and exclusion due to age.
D’Antoni, coach of the Rockets, is 69 years old | .
« We believe that the medical review process is designed to point only to those who present significant threats of substantial harm themselves that they cannot be reduced or eliminated by the NBA’s considerable steps to create a healthy and safe environment in Orlando, « denounces the statement. » Each coach must take their individual risks. »
While officers representing the affected coaches have already advanced that they hope the NBA reaches a friendly solution within the world of sport or else it will have to be in the legal section.
The 113-page health and safety protocols sent to teams yesterday night, Tuesday, outlined a multi-category process of identification and the potential « protection » of team employees designated as most at risk.
All team staff members will complete a questionnaire that analyzes individual risk factors, which include: asthma; Heart problems; continuous cancer treatments; smoking habit; a body mass index greater than 40 as a measure of obesity; kidney or liver disease; and other indications of a compromised immune system.
The employee must provide a letter from a doctor, which could be the team’s doctor or the employee’s personal doctor, authorizing that person to attend Orlando, according to protocols. If the team designates any staff member as « most at risk, » that staff member should also obtain letters from relevant specialist physicians.
Popovich, with the United States in the past World Cup | .
Even if a « higher risk » staff member meets those requirements, and receives approval from their team to go to Orlando, the league, according to protocols, can mark that person and have them subjected to a second review with « one or more NBA-appointed doctors ».
If that doctor or panel determines that the staff member « would pose a direct threat to your health » in Orlando, the league can prohibit that person from going, according to the protocols. The doctor’s decision « will be final, binding and unappealable, » say the protocols.
He « direct threat » language It is at the heart of the league’s apparent belief that it can ban the highest-risk people without conflicting with the law.
In a memorandum released last month in conjunction with the coronavirus pandemic, the U.S. Equal Employment Opportunity Commission concluded that employers can exclude employees If your attendance at work « represents a direct threat to the employee’s health that cannot be eliminated or reduced with reasonable adjustments. »
Legal experts and federal authorities consider « reasonable accommodation » Related to the coronavirus could include several of the steps the NBA has taken to make Orlando safer.
However, the players union believes the NBA may have entered poorly defined legal terrain which must be clarified before the start of the competition in Orlando starting next July 30.