The NFL’s disability and retirement plans pledged to refrain from making race-based adjustments in the cognitive tests used to assess former players’ levels of disability, according to court filings announcing a class-wide settlement.
The proposed deal requires the plans to “rescore” the cognitive tests given to non-white players seeking benefits based on neurocognitive impairments since 2012 using “race-neutral methods” negotiated by the parties. It also prevents the plans from using race-based demographic adjustments in the future, according to a May 29 motion seeking preliminary settlement approval from Judge Julie R. Rubin of the US District Court for the District of Maryland.
It’s “currently unknown” how many players could receive additional benefits from the proposed deal, according to the filing. The plans deny all allegations of wrongdoing, and they say they directed their reviewing physicians to avoid using any race-based demographic adjustments effective June 2021.
The three-year-old lawsuit claims the plans discriminated against non-white players when assessing their cognitive abilities for purposes of awarding disability benefits. Players seeking benefits for neurocognitive issues are tested and compared to a baseline, and the lawsuit claims the plans assumed lower cognitive baselines for non-white players, making it harder for them to demonstrate a level of impairment that would entitle them to benefits.
In 2021, the NFL agreed to settle a proposed class action by Black retired players who alleged the league deliberately manipulated their cognitive function test scores in a way that made it less likely they would receive benefits under a 2016 concussion settlement, worth an estimated $1 billion.
Groom Law Group represents the NFL defendants. Nace Law Group, Sinclair Law Firm, and Beasley Allen Law Firm represent the players.
The case is Bailey v. NFL Player Disability & Survivor Benefit Plan, D. Md., No. 1:23-cv-02661, settlement motion 5/29/26.