By: Steve Scaffidi, Leonard & Finco Public Relations
San Francisco 49ers quarterback Colin Kaepernick made headlines last week with his
decision to sit down during the playing of the national anthem before the
Packers – 49ers preseason game. After the game, he explained his actions. "I am not going to stand up
to show pride in a flag for a country that oppresses black people and people of
color," Kaepernick said.
His
actions reflect the tenuous balance between an individual's freedom of speech
and the rights of an employer to regulate the behavior and conduct of their
employees. In this case, we are taking about a highly compensated, professional
football player. The team issued a quick response saying that they respected
the decision of the player to exercise his right not to stand during the
anthem, but also noted that the anthem would continue to be an important part
of the pre-game ceremony at their games.
Will
his decision to sit accomplish anything? It's not clear. His comments touched on
a much larger issue full of wide-ranging perspectives on our difficult national
history as it relates to race relations. But it might have meant a lot more if
it had come at a time when he was the starting quarterback for the 49ers. For
the team, handling a situation like this can be all consuming, and to their
credit, the organization did try to take a balanced approach by defending their
player's actions while highlighting the importance of the national anthem and
what it represents when played at sporting events.
Employers
have rights, as do employees, and the challenging part is when those two forces
come into conflict. The team could have sat down with Kaepernick, explained
their position, and asked him to reconsider either his actions at further games,
or stay inside the locker room, to respect the playing of the anthem for the other
players and fans in the stadium. They chose to allow him to protest in his own
way, and deferred to the player's right to demonstrate his free speech. I'm not
sure a lot of other companies would have been as accommodating or as patient
with a controversial employee, but in this case, the team handled it in the
manner they saw fit
However
it plays out, actions like those of Colin Kaepernick will continue to draw
attention to larger societal issues and raise the question of appropriateness
and what constitutes free speech in the context of an employer-employee
relationship. In his case, his platform for protest may be dwindling. His spot
on the roster is not guaranteed, and he has been mentioned as a possible cut as
the 49ers roster is trimmed down for the regular season.
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