Who, is saying, Kaepernick, is more skilled at what he does, vs,  other people that were hired ?

Then their is this:
“…At least in theory, there may be other legal recourses for Kaepernick against Trump. One federal criminal statute, 18 U.S. Code § 227, has attracted some attention because it prohibits the President from “wrongfully influencing a private entity’s employment decisions….”
    (From the above link)

Would that be like:
A, Male, White, applying for a job, and has all the skills necessary for that job.
A  Female, Black/Hispanic/Muslim mix, and Gay, applying for the same job,
     (And does not have any, of the skills necessary)

      When, the 2nd person gets, Hired?

You must've been great at dodgeball.