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NFL Response to Player’s Cardiac Arrest is a Labor Rights Issue

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Laura Clawson

Buffalo Bills safety Damar Hamlin is now breathing on his own and talking as he recovers from his on-field cardiac arrest in a recent NFL game, but the issues his near-death and ongoing recovery raise are very much not over.

For one thing, there was the long delay before the game was officially postponed (it was later cancelled), when the call to postpone a game following an on-field near-death should be a pretty much immediate one. 

Reportedly the decision was only made after intervention by the players’ union.

But there’s something else. Hamlin is an early career player whose future is very uncertain.

He has not made a lot of money in a career that has left him hospitalized in critical condition, and the NFL does not guarantee his long-term financial security if he can’t get back on the field and risk his life again.

As I’ve watched the donation count rise on Hamlin’s charity GoFundMe, more than once I’ve thought that he might really be needing that money himself, depending how his recovery goes.

“He’s 24 years old. He got a contract for $160,000 — that’s his bonus — and he earns $825,000 this year. He’s been in the league two years. That means he’s not vested. That means that if he never plays another down in his life, he doesn’t get another check from the NFL,” Cleveland sports podcaster Garrett Bush said in a video below.

“You got to play 3-4 years before you even sniff a pension. So all these heartwarming prayers and condolences don’t do anything for that boy’s mom, who has to go home, look at her son, and he might need extensive care for the rest of his life.”

Bush also noted that the league’s disability pay is now only $4,000 a month, with very high rejection rates.

This blog originally appeared at Daily Kos on January 7, 2023.

About the Author: Laura Clawson is the assistant managing editor at Daily Kos.


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The utterly nonsensical way NFL cheerleaders must live their lives comes out in discrimination suit

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It’s no secret that NFL cheerleaders are underpaid, undervalued, and held to ridiculous beauty standards by NFL organizations.

But on Sunday, the New York Times published an infuriating report that reveals that some teams exert almost maniacal control over both the public image and personal lives of cheerleaders — all based on toxic, outdated notions of how both men and women should behave.

The article tells the story of Bailey Davis, a former New Orleans Saints cheerleader who has filed a complaint with the Equal Employment Opportunity Commission. The main issue at hand involves the restrictions that NFL teams routinely put in place barring players from fraternizing with their respective team’s cheerleaders. As it turns out, the Saints are so particularly worried about the matter that they put the impetus fully on the cheerleaders to avoid NFL players in all social situations, be it on social media, at a restaurant, or at a party.

In her complaint, Davis claims she was fired by the Saints for posting a photo of herself in a one-piece bathing suit on her private Instagram and for attending a party at which Saints players may have been in attendance. On the latter charge, Davis denies that she violated any team regulation. But as the report makes clear, undertaking a good faith effort to avoid NFL players in this fashion may simply be an unreasonable thing to expect of anyone.

According to the Times, keeping themselves away from NFL players on social media and in person is a never-ending job for Saints cheerleaders, who are considered part-time, contract employees, and barely earn minimum wage.

Cheerleaders are told not to dine in the same restaurant as players, or speak to them in any detail. If a Saints cheerleader enters a restaurant and a player is already there, she must leave. If a cheerleader is in a restaurant and a player arrives afterward, she must leave. There are nearly 2,000 players in the N.F.L., and many of them use pseudonyms on social media. Cheerleaders must find a way to block each one, while players have no limits on who can follow them.

These rules are offensive on multiple fronts. First of all, they put sole responsibility for behavior on the women, making it their duty to ensure they don’t in any way “tempt” football players. It also insinuates that their mere presence is an enticement of sorts, that they’re inviting sexual attention or even harassment merely by living their lives or posting pictures on social media.

It also paints NFL players as men who lack self-control, the ability to behave properly around women, or the capacity to follow simple rules.

The difference in rules and regulations between men and women is the crux of Davis’s EEOC gender discrimination complaint. In the suit, she argues that she qualifies as “NFL personnel,” which means the NFL’s personal conduct policy applies to her as well as her fellow cheerleaders.

That same personal conduct policy prohibits any discrimination based on race, color, religion, sex, national origin, age, disability, or sexual orientation. Davis asserts that because the rules governing both social media use, as well as who is allowed to be with whom in public, are restrictions that are only placed on cheerleaders. As the team cheerleaders are all women, Davis argues that this is a form of discrimination.

“If the cheerleaders can’t contact the players, then the players shouldn’t be able to contact the cheerleaders,” Sara Blackwell, Davis’s lawyer, told the Times. “The antiquated stereotype of women needing to hide for their own protection is not permitted in America and certainly not in the workplace.”

This article was originally published at ThinkProgress on March 26, 2018. Reprinted with permission.

About the Author: Lindsay Gibbs is a sports reporter at ThinkProgress.


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NFL Players Association Responds to Attacks on Free Speech

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After President Donald Trump and others attacked the free speech rights of athletes, the NFL Players Association (NFLPA) responded to the president’s comments.

NFLPA Executive Director DeMaurice Smith said:

The peaceful demonstrations by some of our players have generated a wide array of responses. Those opinions are protected speech and a freedom that has been paid for by the sacrifice of men and women throughout history. This expression of speech has generated thoughtful discussions in our locker rooms and in board rooms. However, the line that marks the balance between the rights of every citizen in our great country gets crossed when someone is told to just “shut up and play.”

NFL players do incredible things to contribute to their communities. NFL players are a part of a legacy of athletes in all sports who throughout history chose to be informed about the issues that impact them and their communities. They chose—and still choose today—to do something about those issues rather than comfortably living in the bubble of sports. Their decision is no different from the one made by countless others who refused to let “what they do” define or restrict “who they are” as Americans.

No man or woman should ever have to choose a job that forces them to surrender their rights. No worker nor any athlete, professional or not, should be forced to become less than human when it comes to protecting their basic health and safety. We understand that our job as a union is not to win a popularity contest and it comes with a duty to protect the rights of our members. For that we make no apologies and never will.

NFLPA President Eric Winston said:

Our players are men who are great philanthropists, activists and community leaders who stand up for each other and what they believe in.

I am extremely disappointed in the statements made by the President last night. The comments were a slap in the face to the civil rights heroes of the past and present, soldiers who have spilled blood in countless wars to uphold the values of this great nation and American people of all races, ethnicities, genders and sexual orientations who seek civil progress as a means to make this country, and this world, a better place.

The divisiveness we are experiencing in this country has created gridlock in our political system, given voice to extreme, fringe beliefs and paralyzed our progress as a nation. Divisiveness breeds divisiveness, but NFL players have proven to unify people in our country’s toughest moments and we will continue to do so now.

We will not stop challenging others on how we can all come together to continue to make America the greatest country on earth.

This blog was originally published at AFL-CIO on September 26, 2017. Reprinted with permission. 

About the Author: Kenneth Quinnell is a long-time blogger, campaign staffer and political activist. Before joining the AFL-CIO in 2012, he worked as labor reporter for the blog Crooks and Liars.


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Football On The Brink

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jonathan-tasiniI’ve been following this from a far–not because I like the sport (I don’t)–but it is a fight that is a tough one for the workers.

At the brink of an all-out labor war Thursday, the NFL players union weighed an 11th hour-proposal by National Football League owners designed to keep the two sides at the bargaining table. The sides were considering extending a midnight deadline for the expiration of the current collective-bargaining agreement.

At stake was the future of the world’s most successful professional-sports league, a $9 billion annual juggernaut now threatened by the sort of deep-seeded labor strife that has caused months-long work stoppages and billions of dollars in losses for professional baseball, hockey and basketball in the U.S.

During a 10th day of talks mediated by George Cohen, director of the Federal Mediation and Conciliation Services, the two sides discussed extending the current CBA, a move that would prevent what could become a lengthy and ugly litigation. If the talks break down, the National Football League Players Association is expected to to decertify their union, a move that opens up the door for the players to file an antitrust suit against the owners if a lockout ensues.

It has always been even harder for sports figures compared to other workers (harder than it is for public workers too!) to generate a lot of sympathy among the public for a strike–but the truth is this a battle between big corporations and their workers. But, football players are slightly different:

The public tends to be sympathetic to the players. Most fans are well aware that football players — unlike many other well-paid athletes — put their health and safety at risk every time they step on the field. They know that NFL careers are short. That the contracts are, for the most part, not guaranteed. If the public chooses sides, it will likely be with the players.

I sure hope so. And the players will need everyone out there on the streets if the lock-out does take place.
This blog originally appeared on Working Life on March 3, 2011. Reprinted with Permission.
About the Author: Jonathan Tasini is the executive director of Labor Research Association. Tasini ran for the Democratic nomination for the U.S. Senate in New York. For the past 25 years, Jonathan has been a union leader and organizer, a social activist, and a commentator and writer on work, labor and the economy. From 1990 to April 2003, he served as president of the National Writers Union (United Auto Workers Local 1981).He was the lead plaintiff in Tasini vs. The New York Times, the landmark electronic rights case that took on the corporate media’s assault on the rights of thousands of freelance authors.

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NFL Collision: Management Control vs. Player Safety

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Roger BybeeHere we have a multibillion-dollar industry. Where does their responsibility begin? Say you’re a kid and you sign up to play football. You realize you can blow out your knee, you can even break your neck and become paralyzed. Those are all known risks. But you don’t sign up to become a brain-damaged young adult. —Dr. Julian Bailes, neurologist who has studied football-caused brain damage

John Mackey is remembered as the founding president of the NFL Players Association union and a member of the NFL Hall of Fame. Mackey is generally seen as the best tight end in the sport’s history, combining an unmatched combination of strength, speed, and great hands hauling in passes from the Baltimore Colts’ legendary quarterback Johnny Unitas.

But now the past tense is often used when talking about Mackey, 69, who has been afflicted with concussion-induced dementia for more than a decade, reducing him to a shell of his former self. “John was a phenomenal athlete who defined the tight-end position and was a great leader,” recalls his long-time friend and colleague Ed Garvey, who formerly served as the Players Association director and masterminded the stunningly successful 1982 players strike.

The tragedy of Mackey was one of a string of highly-publicized cases that has eventually forced the NFL to end many years of intransigence on the issue, and come to grips with the debilitating brain damage resulting from the thousands of collisions players undergo thoughout their careers.

Watching the deterioration of Mackey has been particularly painful for Garvey, who worked closely with him in leading the NFLPA. “John was
a great strategist and a great orator who could inspire people,” says Garvey. “By the time he was done talking to players, they were ready to break down the walls to get to the bargaining table.”

NFL OWNERS ERECT BARRIERS TO DEALING WITH CRISIS

But the NFL owners erected formidable walls to deal with the issue of chronic brain injuries resulting from the constant high-speed collisions of NFL play and the frequent concussions they often produce. Repeated concussions result in memory loss, depression, disorientation and moments of uncontrollable rage.

Admitting the syndrome of chronic traumatic encephalopathy (CTE) —manifested in dementia, the early onset of Alzheimer’s, and episodes of bizarre and anti-social behavior—drew fierce resistance for years from the NFL and its owners. The NFL used panels of doctors utterly lacking qualifications in brain physiology to deny and minimize the effects of concussions, much like how the lead-paint industry systematically concealed the devastating effects of lead poisoning on children.

GAME PROMOTED ON BASIS OF ITS VIOLENCE

All the while, the league was actively promoting the game on the basis of its violent collisions, “smash-mouth football,”  and constantly-replayed “greatest hits”—often involving vulnerable players in mid-air being grotesquely speared helmet first and slammed to the turf, as Garvey points out.

Meanwhile, the players’ helmet surfaces became harder and harder, rendering them more devastating weapons, enhanced by increasingly larger faceguards as well. “Generally, it’s just evolved where helmets get harder and faceguards got bigger,” Garvey notes, with helmet-first contact stressed by coaches and more serious head injuries resulting.

Where football players in the early NFL wore only light leather helmets without face masks and therefore sought to avoid head-to-head collisions, coaches of the modern era taught and expected players to lead with the new super-hard plastic helmets in order to make the most devastating block or tackle possible.

The outcome has been an epidemic of concessions, as a hard collision sends the brain bouncing against the inside of the skull, with each concussion producing more and more damage.

ENORMOUS PRESSURE BUILDS ON NFL

Only under enormous pressure from former players’ wives and families, the public and Congress did the NFL begin to deal with the problem of brain injuries. Belatedly, the NFL finally responded to a mounting wave of bad publicity caused by the disabling and destructive impact on much-beloved former players like Mackey.

Only after appalling cases of neglect became public—like the immensely popular former Pittsburgh Steelers star center Mike Webster, a victim of brain damage after 15 years in the NFL who became homeless and eventually committed suicide—did the NFL begin to address the problem.

The league and the NFL Players’ Association finally initiated the “88 plan” – named after Mackey’s number. Under the program, the league provides $88,000 per year for nursing home care and up to $50,000 annually for adult day care. The NFL also finally adopted strict policies on monitoring players who had suffered concussions.

TOP-DOWN FIX: BLAME THE PLAYERS

This year, the NFL—led by NFL Commissioner Roger Goodell and New York Giants owner Wellington Mara, Jr.—has imposed a top-down “solution”—targeting the conduct of players who use their helmets as weapons.

But this step means fining and eventually suspending players who are simply engaging in the high-impact hits which they were constantly trained to inflict from the time they were eight years old playing in kiddies’ leagues, through high school, college, and NFL training camps—always with the threat of being benched or cut from the team if they failed to hit with maximum force at every opportunity.

“The players are put in very odd position,” observes Garvey. They risk losing their jobs if they fail to deliver as much pain as possible to opponents, while the NFL continues to market its violence as a central part of its appeal.

Moreover, the player-centered penalties conveniently sidestep theresponsibility of owners and coaches. “Coaches know their careers depend on winning, and they will teach whatever it takes to win games under the present rules, ” Garvey says. With the hard-plastic helmets a powerful weapon to use in blocking and tackling, the coaches are bound to demand helmet-first hitting that leads to concessions.

OWNERS SEE PLAYERS, EVEN STARS, AS REPLACEABLE

The owners could scarcely be more removed from the pain of players and the suffering of families of repeated concussion victims, Garvey says:

For the owners, they seem distant from the process, like the war in Afghanistan with someone else’s kids are out there being hurt and dying. The owners are relatively unaffected. They just bring in another player.

As John Mackey used to say, if you think of the NFL as a machine, it has replacement-parts factories known as colleges like Ohio State and USC and Wisconsin all over the country.

With a plentiful supply of eager and talented young players capable of making the fans forget the damaged and discarded super-stars of just a few weeks back, owners are content to make minor changes and blame the players for the concussions they suffer.

But the activism of families and players is certain to produce a vastly different game. The culture is going to change,” predicts Garvey. “Players and parents are realizing these injuries could be lifelong. Millions of youngsters are facing long term injury under the present setup—it will be a strange moment if Congress says we’re not interested in this.”

The long-term solution lies not in unilateral changes laid down from above by management, but by dialogue involving players and medical experts and coaches. “If you take the best medical minds and bring in players and coaches, you could come up with a series of recommendations that are better than what  Roger Goodell and Wellington Mara’s kid have done,” Garvey says.

Such discussions would cover equipment like the helmets, rules regarding hits on vulnerable players and medications to help treat concessions, among other issues.

But owners have seen all efforts to improve safety as encroachments on their essential management powers, says Garvey.

The introduction of plastic “Astroturf” by agri-business giant Monsanto was supposed to reduce ankle and knee injuries compared to natural turf, while saving money on maintaining football fields, the corporation promised. But the players soon discovered that being knocked to Astroturf was like landing on a thinly-covered concrete surface, meaning that players’ heads would be smacked against a totally inflexible floor again and again.

Further, knee and ankle injuries actually rose, because if a player’s cleats got tangled in Astroturf, there was no natural “give” as with natural sod. “But there was no way we could lead people out on strike over playing on Astroturf,” Garvey remembers.

“When we first talked about Astroturf, [the owners] went nuts,” Garvey says. “They said that it’s their game and they will make the rules.”

Garvey vividly recalls a discussion with the late Cleveland Browns owner Art Model about Astroturf. Modell responded by pointing to a nearby asphalt parking lot and declaring, “If I tell my team to go play on that, they had better do it.”

“We got together a team of medical experts with players and the owners wouldn’t yield, but it got discussion started,” says Garvey. Eventually, the NFL came to discourage the use of Astroturf.

MANAGEMENT CONTROL ABOVE ALL ELSE

Essentially, the NFL owners have perceived the introduction of brain injuries and other safety issues as an intrusion on sacrosanct management prerogatives and a challenge to their customary dictatorial rule.

But by now, public horror over the fate of much-beloved heroes like John Mackey and Mike Webster and anxiety about their children’s long-term health are fueling a full-scale challenge that will inevitably crack the owners’ vise-like grip over decisions affecting player safety.

Moreover, with more and more medical research on football-caused brain damage coming forth outside the NFL’s control, the league’s responsibility for their players’ long-term health is becoming undeniable.

“The liability issue now just jumps out at NFL owners,” Garvey argues. “If juries start awarding huge awards to permanently brain-damaged players, then the NFL will really have to sit up and take notice.”

This article was originally posted on Working In These Times.

About The Author: Roger Bybee is a Milwaukee-based freelance writer and progressive publicity consultant whose work has appeared in numerous national publications and websites, including Z magazine, Dollars & Sense, Yes!, The Progressive, Multinational Monitor, The American Prospect and Foreign Policy in Focus. Bybee edited The Racine Labor weekly newspaper for 14 years in his hometown of Racine, Wis., where his grandfathers and father were socialist and labor activists. His website can be found here, and his e-mail address is winterbybee@gmail.com.


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