The NFL has agreed to end race-based adjustments in dementia testing in its $1 billion settlement of concussion claims. Critics say such testing makes it difficult for Black retirees to qualify for awards that average $500,000 or more.
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.
Black NFL retiree Ken Jenkins and others have asked the Civil Rights Division of the Justice Department to open an inquiry. The first payouts were awarded in 2017. The fund, now uncapped, is intended to last for 65 years, to cover anyone retired at the time it was first approved. Amon Gordon, a Stanford University graduate, finds himself at 40 unable to work. He has twice qualified for an advanced dementia award only to have the decision overturned for reasons that aren’t yet clear to them. His case remains on review before the federal appeals court in Philadelphia.The league had agreed in June, amid the uproar,which assumes Black players start with lower cognitive function. That makes it harder to show they suffer from a mental deficit linked to their playing days.
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