The NFL and lawyers for thousands of retired NFL players have reached an agreement to end race-based adjustments in dementia testing in the $1 billion settlement of concussion claims, according to a proposed deal filed Wednesday in federal court.
The revised testing plan follows public outrage over the use of “race-norming,” a practice that came to light only after two former NFL players filed a civil rights lawsuit over it last year. The adjustments, critics say, may have prevented hundreds of Black players suffering from dementia to win awards that average $500,000 or more.
The Black retirees will now have the chance to have their tests rescored or, in some cases, seek a new round of cognitive testing, according to the settlement.
details of which were first reported in The New York Times on Wednesday.
The vast majority of the league’s players — 70% of active players and more than 60% of living retirees — are Black. So the changes are expected to be significant, and potentially costly for the NFL.
“No race norms or race demographic estimates — whether Black or white — shall be used in the settlement program going forward,” the proposal said.
