FOX News senior judicial analyst Andrew Napolitano on Wednesday said NFL quarterback Colin Kaepernick can return to the gridiron if he can prove NFL teams colluded to keep him from playing.
“The collective bargaining agreement between the NFL and its players prohibits discrimination on the basis of political viewpoint,” he told FOX Business’ Dagen McDowell on “Mornings with Maria.”
Kaepernick sparked the debate during the 2016 season when he refused to stand for the national anthem to protest social injustice. He has not played since he opted out of his contract following that season.
“If Kaepernick can show an agreement among owners to keep him off the field because of his controversial politics -- he scores big,” the judge added.
Meanwhile, former superstar quarterback and Denver Broncos General Manager John Elway on Tuesday reportedly gave a deposition to Kaepernick’s lawyers in his case against the NFL.
Prior to the controversy, Kaepernick turned down an offer to play for the Bronco’s. Elway was the last executive to offer him a job.
Napolitano added, even though an employer is allowed to renege an offer with reason, certain states, like New Jersey, have added protections against discriminating because of a viewpoint that is defied by an employer.