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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117438
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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The Massachusetts Interscholastic Athletic Association

Customer Question

The Massachusetts Interscholastic Athletic Association (MIAA) recently required all sports officials to submit to and pay $45 for a background check in order to be eligible to officiate. This is a new requirement and we feel a way for them to just reach in to our pockets. Is there any basis to sue the organization to prevent this? Could we now sue to be considered employees since they are requiring this? That would entitle us to workers comp insurance.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

MA is following other states as well. RI also requires anyone coaching or officiating any events with minors to have a criminal background check. The point is they do not want any convicted sex offenders or drug offenders around the children and here in MA there seems to be a pretty bad track record of schools and other child care situations where those issues have been ignored or fallen through the cracks. Thus, it is not something that you would have a legal basis to prevent, since they will have the defense that it is for the best interests of the children and community safety, which outweighs the individual's rights. This does not make you an employee, they can require backgrounds on independent contractors and volunteers as well, as long as they are working around minors.

Customer: replied 1 year ago.
Thank you. That makes perfect sense.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

It is a shame it has come to this (by the way, I just got mine done for both RI and MA for coaching, it isn't just you officials).

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