Court Decision Upholds Race-Norming in NFL CTE Settlements

Race-norming has no place in society, and its application must end.

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It has been a little over a week since a federal judge in Pennsylvania dismissed a suit brought forth by African American NFL retirees. The dismissal raises serious concerns for current and future African American players who hope to receive compensation for traumatic brain injuries sustained during their playing careers.

The former players argued that they were being discriminated against in the distribution of larger settlements paid out under the NFL’s massive $1 billion fund. In determining the amount that players are entitled to, the NFL makes use of a series of factors in their testing for dementia. And while that sounds rather standard in practice in the abstract, it’s sinister in application.

The plaintiffs in the case argued that NFL-affiliated doctors often considered race when evaluating athletes’ cognitive abilities. In doing this, they engage in the form of what’s called race-norming, which happens when an evaluator “adjusts test scores to account for the race or ethnicity of the test-taker.” In this case (the plaintiffs argued), doctors assumed that African American athletes had a lower baseline cognitive function than their white counterparts. That approach created a steeper path for African Americans to qualify for a settlement payout.

If those tests are used to determine who can and cannot show sufficient neurocognitive issues linked to their playing careers, it excludes those already placed at a lower position. In a country that is hotly divided–and which is also in the midst of the biggest racial divide since the Civil Rights Movement–it is striking to see courts unwilling to examine the lawfulness of a class-action requirement that seems, at least on its face, to be unlawful racial discrimination.

Where do these numbers originate? Do they accurately reflect society (my guess is a hard no)? And how are these former players able to seek sufficient representation if they are shut out of a negotiation process shrouded in secrecy?

According to the court ruling, African American players must continue to be left out as the suit now goes to mandatory arbitration. That stance exacerbates the ability of these former players to claim their fair share of the settlement.

Race-norming has no place in society, and its application must end. In the meantime, people are being hurt by its practice–former NFL players in this case. At least NFL Commissioner Roger Go0dell has ‘suggested’ that changes may be in the offing. Time will tell.