Cognitive testing is supposed to help determine whether former NFL players qualify for disability benefits. But what happens when the standards used to evaluate those tests depend on race? That question is at the center of a class-action lawsuit against the NFL, in which former players alleged that the league’s disability benefit plans used race-norming to evaluate cognitive impairment. The practice adjusted test scores based on racial demographics, potentially making it harder for Black players to qualify for benefits or receive higher levels of compensation. [1]
How Does Race-Norming Work?
Race-norming adjusts cognitive test results by comparing individuals to racial reference groups. Under the NFL’s disability evaluation process, Black players could be measured against different standards than white players. This meant that two players with similar test results could receive different evaluations simply because of their race. [2]
The problem was not just the use of different testing standards. It was the assumption that racial differences should influence how cognitive ability is measured in the first place. For former players experiencing neurological issues, those adjustments could have real financial consequences, potentially affecting their eligibility for disability benefits. [1]
A Problem Beyond the Concussion Settlement
Race-norming first gained national attention in 2021 when former players challenged its use in the NFL’s concussion settlement program. The NFL eventually agreed to eliminate race-based adjustments in that program. [3]
However, that agreement did not address the league’s separate disability and retirement benefit plans. In September 2023, former players Stacey Bailey and Eric Curry filed Bailey v. NFL Player Disability & Survivor Benefit Plan, alleging that race-norming had also influenced decisions about their disability benefits. They argued that the practice placed Black and other non-white former players at a disadvantage when seeking compensation for cognitive impairment. [4]
The Settlement and Its Critics
In June 2026, the parties reached a proposed class-action settlement. Under the agreement, the NFL’s disability and retirement plans must reassess qualifying cognitive test results for non-white former players dating back to January 1, 2012, using race-neutral methods. The agreement also prohibits future race-based adjustments. Players whose reassessments establish eligibility for additional benefits may receive increased compensation. [5]
The plans deny wrongdoing and maintain that they instructed physicians to stop using race-based adjustments in 2021. The settlement resolves the lawsuit without an admission of liability. [5]
Still, the agreement has faced significant opposition. More than 100 former players objected, including Michael Vick, Ricky Williams, and Willis McGahee. Some argued that the settlement could limit their ability to pursue other claims involving the NFL’s disability benefit system. Others questioned whether the agreement provides meaningful relief to players who may have already been denied benefits because of race-based evaluations. [6]
Despite those objections, a federal judge granted final approval on October 20, 2026. [7][8]
What Does This Mean?
This lawsuit highlights a larger problem with treating systems as objective simply because they rely on testing and data. Cognitive assessments may appear neutral, but when racial assumptions influence how results are interpreted, the process can produce discriminatory outcomes.
The settlement is an important step because it requires the reassessment of past evaluations rather than simply prohibiting race-norming going forward. But correcting the testing process does not necessarily undo the harm caused by years of potentially unequal evaluations. The question now is whether former players who were unfairly evaluated will actually receive the benefits they should have qualified for.
The NFL’s responsibility to its players does not end when their careers are over. For former players dealing with the long-term effects of the game, disability benefits can be essential. Access to those benefits should depend on an individual’s actual condition, not racial assumptions about their cognitive ability.
Sources
[1] Bailey v. NFL Player Disability & Survivor Benefit Plan, Complaint, No. 1:23-cv-02661 (D. Md. Sept. 29, 2023).
[2] NFL Concussion Settlement, “Frequently Asked Questions: Norming Agreement.”
[3] Associated Press, “NFL Agrees to End Race-Based Dementia Testing in Settlement,” NFL.com.
[4] Bailey v. NFL Player Disability & Survivor Benefit Plan, No. 1:23-cv-02661 (D. Md. Sept. 29, 2023).
[5] Jacklyn Wille, “NFL Benefit Plans Strike Deal Over Cognitive Test Race-Norming,” Bloomberg Law, June 1, 2026.
[6] Tashan Reed, “Former NFL Players Object to Proposed Settlement of Lawsuit Against Disability Plan,” The Washington Post, September 30, 2026.
[7] Jacklyn Wille, “Ex-NFL Players Finalize Race-Based Cognitive Testing Settlement,” Bloomberg Law, October 28, 2026.
[8] “Rescoring Settlement OK’d, Objections Overruled in Former NFL Players’ Suit,” Mealey’s, October 30, 2026.