7 votes

NFL pledges to halt ‘race-norming,’ review Black claims

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2 comments

  1. [2]
    culturedleftfoot
    Link
    Uh, what? How? Why? Especially since it's been illegal since 1991?

    The binary race norms, when they are used in the testing, assumes that Black patients start with worse cognitive function than whites and other non-Blacks.

    Uh, what? How? Why? Especially since it's been illegal since 1991?

    4 votes
    1. psi
      Link Parent
      I'd recommend this episode of All Lawyers are Bastards. Race-norming, as patently discriminatory as it is, has somehow just been left... unchallenged? Frankly it's absurd. Worse yet, race-norming...

      I'd recommend this episode of All Lawyers are Bastards. Race-norming, as patently discriminatory as it is, has somehow just been left... unchallenged? Frankly it's absurd.

      Worse yet, race-norming in the NFL is only the tip of the iceberg. As a more egregious hypothetical example, if a Black child is left mentally disabled after a botched operation (eg, the anesthesiologist forgets to monitor the oxygen supply), race-norming might mean a Black child is awarded significantly less damages than a white child would be under the same facts. Here an exert witness can testify that the Black child -- because they are Black -- would've been unlikely to attend college, would've had a shorter life expectancy than average, and therefore would've had a reduced future lifetime earnings compared to the average American. Consequently, that hypothetical Black, permanently disabled child might be awarded substantially less damages than a white child would've been.

      The podcast discusses some real-life examples.

      5 votes