The sports industry has been a part of the American culture, workplace and even jurisprudence for decades if not centuries. Over the years, the interaction between sports and employment law has changed. As the sports industry continues to expand into other areas, including mobile sports betting, we expect sports related employment law issues to evolve—including potential claims of gambling related disability discrimination. The intersection of sports in the workplace has taken dynamic iterations over the years. This article will explore the impact of sports related employment jurisprudence developments and identify the latest issue facing employers in the workplace—mobile betting and its potential implications under the Americans With Disabilities Act (ADA).

In 1990, the U.S. District Court for the Southern District of New York (SDNY) decided Equal Employment Opportunity Commission, and Enid Roth, Plaintiff-Intervenor v. National Broadcasting Co., 753 F. Supp. 452 (SDNY 1990). Roth chronicles a lengthy history of claims brought against NBC which initially began as a class action brought by "all women who were employees of NBC," in which the Equal Employment Opportunity Commission (EEOC) was permitted to intervene as a plaintiff. The plaintiffs in Women's Comm. for Equal Employment Opportunity (WC=EO) v. NBC, 71 F.R.D. 666 (SDNY 1976) alleged defendants discriminated against women in hiring, job placement, pay, promotions and related conditions of employment. Women's Comm., 71 F.R.D. at 668. The Women's Comm. matter ultimately resulted in a consent decree which, inter alia, settled the sex discrimination claims and established "utilization goals" for women to be achieved at NBC by 1982. Roth, 753 F. Supp. at 454.