Black Former N.F.L. Players Say Racial Bias Skews Concussion Payouts
The players say doctors use two scales one for Black athletes, one for white to determine eligibility for dementia claims.
The New York Times / August 26, 2020
Two retired players have accused the N.F.L. of explicitly and deliberately discriminating against hundreds if not thousands of Black players who filed dementia-related claims in the landmark concussion settlement reached in 2013, making it harder for them to qualify for payouts worth as much as $3 million.
In two legal actions filed Tuesday in United States District Court in Philadelphia, the players asked that the judge stop the league from insisting that race-based benchmarks be used to evaluate players claims. They also asked that the scores on Black players neurocognitive exams be recalculated using race-neutral scales that would put them on an even footing with white players.
In effect, the settlement, as it has been administered, has a white door and a Black door, said Cyril Smith, a partner at Zuckerman Spaeder and the lead counsel for two players who are Black, Najeh Davenport, a former running back, and Kevin Henry, a longtime defensive end. Although the neurocognitive tests behind each door are the same, the raw scores for Black and white former players are interpreted differently when they are converted to scores that are used to determine whether a player is eligible for a payment.
The allegations of systematic discrimination are the latest and perhaps most damning criticism of the settlement, which has been stung by delays, predatory lenders, accusations of fraud and a lack of transparency since players began filing claims four years ago.
MUCH MORE:
https://www.nytimes.com/2020/08/25/sports/football/nfl-concussion-racial-bias.html
From the link: Some former players, referring to the difficulty of collecting on the health benefits won in labor negotiations over the years, have adopted the phrase, delay, deny and hope you die to characterize the leagues approach to approving benefits applications.