Two former NFL players have filed a proposed class action alleging the league’s disability plan discriminates by using race norming to assess qualification for disability awards.
Named plaintiffs Stacey Bailey and Eric Curry allege they were entitled to at least moderate impairment neurocognitive benefits under the disability plan, but were only granted mild neurocognitive benefits because of “discriminatory application of race-norming to their cognitive test results,” according to the complaint filed Sept. 29 in the US District Court for the District of Maryland.
When participants seek benefits based on neurocognitive impairment, they are tested to determine their level of impairment. ...