Our attorneys have filed a suit against the NFL for using racially discriminating methodology to determine benefit payouts for non-white athletes with neurocognitive impairments.
Montgomery, AL. (Oct. 4, 2023) – Beasley Allen has filed a class action lawsuit against the National Football League (NFL), alleging racial discrimination against African Americans and other non-white individuals.
The suit centers around former Atlanta Falcons wide receiver Stacey Bailey and former Tampa Bay Buccaneers defensive end Eric Curry and two of the NFL’s benefit plans.
The Player Disability & Survivor Benefit Plan and the Player Disability & Neurocognitive Benefit Plan, collectively referred to as “The Plans,” permit retired NFL players to receive benefits if they are diagnosed with specific neurocognitive impairments before age 55.
To receive benefits for neurocognitive impairment, players must undergo a series of tests to identify any impairments they might have. The test results categorize the impairment as either “mild” or “moderate,” and the monthly payments are based on that ranking.
In the complaint, Bailey and Curry qualified for benefits for “moderate” impairment but were instead diagnosed with “mild” impairment due to a race-norming methodology, designed under the assumption that African Americans and other nonwhite persons have a lower baseline neurocognitive functioning than white participants.
Bailey and Curry received an unjustly reduced level of benefits compared to their white counterparts.
The class action suit is pursuing justice for the NFL’s race-norming methodology, wrongful denial of benefits, violations of regulations and breaches of fiduciary duties.
Beasley Allen attorneys Leon Hampton and Paul Evans are committed to assisting these players.
“Through this class action lawsuit, our firm is working to require the NFL to correct its racist assumptions by ensuring that participants’ neurocognitive impairments are not based on race-norming methodologies,” said Hampton.
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