Cases · NFL · 2016–2020
Colin Kaepernick: Anthem Protest and Collusion Grievance
In August 2016, San Francisco 49ers quarterback Colin Kaepernick began sitting, and then kneeling, during the national anthem to protest police brutality and racial injustice. Other players joined, and the protests became a national political controversy. After he became a free agent in 2017, no team signed him. In October 2017 he filed a grievance under the collective bargaining agreement alleging that owners colluded to keep him out of the league. An arbitrator allowed the grievance to go to a hearing, but in February 2019 Kaepernick and teammate Eric Reid settled their grievances with the NFL on confidential terms.
Timeline
- Kaepernick's protest during the anthem at a preseason game is noticed. He soon switches from sitting to kneeling, joined by Eric Reid.
- Kaepernick opts out of his 49ers contract and becomes a free agent. He goes unsigned.
- He files a collusion grievance against the NFL and its owners.
- The NFL announces an anthem policy requiring personnel on the field to stand, and later puts it on hold.
- The arbitrator denies the NFL's request to dismiss the grievance, allowing it to go to a hearing.
- Kaepernick and Reid settle their grievances with the NFL. The terms are confidential.
- Commissioner Roger Goodell says the NFL was wrong not to listen to players' earlier protests.
The ethical issues
- Athlete expression: the rights and responsibilities of employees using a workplace platform for political protest.
- Employer interests: sponsor, fan, and political pressure versus players' freedom of conscience.
- Collusion and labor law: whether teams coordinated, explicitly or tacitly, to exclude a player.
- Patriotism and protest: competing views of what the anthem ritual means.
- Confidential settlements: privacy for the parties versus public interest in what happened.
Stakeholders
| Stakeholder | Interests & obligations |
|---|---|
| Colin Kaepernick and protesting players | Freedom of expression, careers, and the causes they raised. |
| NFL owners and league office | Business interests, fan base, and legal exposure. |
| NFL Players Association | Member protections under the CBA. |
| Sponsors and broadcasters | Brand alignment amid polarized audiences. |
| Fans and communities affected by policing | Representation and respect. |
Why this case matters
The Kaepernick case is central to debates about athlete activism and labor rights. It shows how expression, business interests, and collective bargaining intersect.
Discussion questions
- Do athletes have an ethical right to protest at work? Does the setting of a national ritual change the analysis?
- If no team was willing to sign Kaepernick, is that evidence of collusion, independent business judgment, or something else?
- Was the confidential settlement a good outcome for the players, the league, and the public?
- How should a sports organization respond when employees' political expression divides its fan base?