Q: In Utah, can a pro sports association question or adversely act (deny pro membership) due to a pending case?
Pending case is showing up on a background check for membership application to a professional sports association. Membership is required to compete as a professional in said sport. No criminal record and case has barely started so no conviction, nolle, or not-guilty finding but a pending case in a different state shows up on background check. Does Utah's ban-the-box laws apply? Does the other state's ban-the-box laws apply if resident of that state?
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A:
If a professional sports association in Utah is a private entity, it typically has broad discretion in setting its membership criteria. Since there is no conviction, the question is whether the association can take adverse action based on a pending case. Utah's "ban-the-box" law primarily applies to public employers, not private organizations or professional associations, so it may not protect you in this situation.
However, if you live in a different state with a "ban-the-box" law that extends to private organizations, that state’s law might offer some protection. The key issue is whether the sports association operates in that state or if the law applies beyond employment to professional memberships. Most "ban-the-box" laws focus on job applications, not professional licensing or membership decisions.
You may want to check the association’s policies and appeal any adverse decision. If the pending case does not legally disqualify you, explaining the situation directly to the membership board could help. A legal professional familiar with employment and membership laws in both states could provide guidance on whether the decision can be challenged.
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