Hardie v. NCAA, No. 15-55576 (9th Cir. 2017)
Annotate this CasePlaintiff filed suit alleging that the NCAA's policy of excluding anyone with a felony conviction from coaching at NCAA-certified youth athletic tournaments violates Title II of the Civil Rights Act of 1964, 42 U.S.C. 2000a(a). Section 2000a(a) prohibits racial discrimination in places of public accommodation. The Ninth Circuit affirmed summary judgment for the NCAA and held that even if disparate-impact claims were cognizable under Title II, plaintiff has not shown that an equally effective, less discriminatory alternative to the NCAA's felon-exclusion policy exists, as he must do under the three-step analysis for disparate-impact claims set forth in Wards Cove Packing Co. v. Atonio, 490 U.S. 642 (1989). The panel noted that it need not decide whether to endorse or reject disparate-impact liability under Title II.
Court Description: Civil Rights Act / Title II The panel affirmed the district court’s summary judgment in favor of the National Collegiate Athletic Association (“NCAA”) in an action brought by Dominic Hardie, who is African-American, alleging that the NCAA’s policy of excluding anyone with a felony conviction from coaching at NCAA-certified youth athletic tournaments violated Title II of the Civil Rights Act of 1964. Title II of the Civil Rights Act of 1964 prohibits racial discrimination in places of public accommodation. The district court granted summary judgment for the NCAA on the ground that disparate-impact claims were not cognizable under Title II. The panel did not decide whether Title II encompassed disparate-impact claims. The panel held that even if disparate-impact claims were recognizable under Title II, Hardie had not shown that an equally effective, less discriminatory alternative theory to the NCAA’s felon-exclusion policy existed, as was required under the three-step analysis for disparate-impact claims set
The court issued a subsequent related opinion or order on September 11, 2017.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.