NFL accused of discrimination in concussion compensation
Reprints
Two retired Black football players have filed a lawsuit against the National Football League alleging that the league deliberately manipulated their cognitive function test scores to make it less likely that Black football players would receive benefits as part of the 2016 concussion settlement.
Kevin Henry, who played for the Pittsburgh Steelers for eight seasons, and Najeh Davenport, who played seven seasons for the Green Bay Packers, Pittsburgh Steelers and Indianapolis Colts, claim the NFL violated federal law in processing claims under the settlement by using different sets of data for Black and white players. Their complaint contends the alleged practice has made it more difficult for Black retirees to receive compensation for cognitive impairments.
In 2011, more than 70 former NFL players sued the league, alleging it failed to take reasonable actions to protect them from health risks associated with head injuries, such as Alzheimer's disease, depression and chronic traumatic encephalopathy, according to court records.
In April 2016, the 3rd U.S. Circuit Court of Appeals in Philadelphia approved the settlement, which included an uncapped, inflation-adjusted monetary award fund to provide compensation for retired players with certain diagnoses, free baseline neurological assessments and $10 million for educating current players about injury prevention.
Mr. Henry and Mr. Davenport have asked the federal court to ensure the NFL does not use alleged “race-normed” scores in assessing eligibility for benefits and seeks damages for players who were subjected to the alleged illegal practice.
