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Odell Thurman is Using the Americans With Disabilities Act to Get Back on the Field

October 11, 2007 7:54 AM

Odell Thurman is a linebacker for the Cincinnati Bengals.  But he hasn't played for his team, which could really use him now, for over a year even though he has served his full suspension for violating the NFL's substance abuse program.  Originally Thurman was to miss just the first four games of last season, but while he was on suspension, Thurman was caught driving under the influence and his punishment was extended for the entire 2006 season.  The problem for Thurman now is that the NFL's new boss, Roger Goodell, doesn't think he can resume playing football and stay clean so Goodell has extended Thurman's suspension for a second year.

This morning's NEW YORK TIMES, in an article written by Judy Battista, says Thurman has filed a COMPLAINT with the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION "asserting that the NFL declined to reinstate him BECAUSE OFFICIALS BELIEVE he is an ALCOHOLIC.  According to Battista, the Thurman complaint goes on to explain that this is a VIOLATION of the AMERICANS WITH DISABILITIES ACT which says people are disabled if they "HAVE A RECORD OF ALCOHOLISM and have RECEIVED TREATMENT."  According to Paul Secunda, a labor and employment law expert, quoted in the article "The crux of the complaint is that they have a DISABILITY and they are NOT BEING REINSTATED because of that disability."

Reporter Batista says former NBA player Roy Tarpley went the E.E.O.C. route and eventually won.  But she concludes that for Thurman waiting out this year and applying for reinstatement for next season may be his quickest way back to the football field because "the employment commission could take years to rule on his case."               

October 11, 2007 in Congress | Permalink | User Comments (0)

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