Retired Black NFL players allege bias in brain injury payouts
Thousands of retired Black professional football players, their families and supporters are demanding an end to the controversial use of “race-norming” to determine which players are eligible for payouts in the NFL’s $1 billion settlement of brain injury claims, a system experts say is discriminatory.
Former Washington running back Ken Jenkins, 60, and his wife Amy Lewis on Friday delivered 50,000 petitions demanding equal treatment for Black players to Senior U.S. District Judge Anita B. Brody in Philadelphia, who is overseeing the massive settlement. Former players who suffer dementia or other diagnoses can be eligible for a payout.
Under the settlement, however, the NFL has insisted on using a scoring algorithm on the dementia testing that assumes Black men start with lower cognitive skills. They must therefore score much lower than whites to show enough mental decline to win an award. The practice, which went unnoticed until 2018, has made it harder for Black former players to get awards.
“My reaction was, ‘Well, here we go again,'” said Jenkins, a former running back. “It’s the same old nonsense for Black folks, to have to deal with some insidious, convoluted deals that are being made.” Jenkins is now an insurance executive and is not experiencing any cognitive problems, but has plenty of NFL friends who are less fortunate.
In March, Brody threw out a civil rights lawsuit that claimed the practice is discriminatory. But she later said in a filing that the practice raised “a very important issue” and asked a magistrate judge to compile a report on the problem. She told The Associated Press she did not know when it would be completed.
Class counsel Chris Seeger, through his spokesman, has said he wants to end the practice of race-norming and investigate any awards that were affected by adjustments in the past.