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Black players are measured by using data that assumes a lower level of brain function to start with. so former black players called it discrimination. let's talk about this and more. this is a reporter who covers "the new york times." covers the nfl for the "new york times." i'm so glad that you're. on we've been wanting to do this. this is such an amazing story that you've been following and writing about. explain what race norming is and how was the nfl using it. >> so basically, set up two sets of criteria. one for black players and one for white players to make assumptions about their cogn...

Player assumed to be according to the standards, more intelligent or have higher cognitive ability. and any small decline, or smaller decline would have led them to get a cash award from this concussion settlement. the lawyers who brought one of the first cases last year said that white players were getting approved at an estimated two to three times more as a consequence, and to think about the consequences, there's about 70% of the nfl right now are black players. so white players, black players, having a harder time getting an award from the concussion settlement is another way of saying th...

We're going to turn next here this evening to an abc news investigation. two former nfl players speaking for the first time on camera about their time in the league, saying they experienced concussions and now suffer from depression, memory loss and bouts of anger. two players suing the league, claiming the nfl uses a formula that assumes black players start at a lower cognitive level than white players, making it harder for black former players to qualify for compensation. tonight, how the league is now responding. and here's abc's ryan smith. >> look out. down he goes! >> reporter:ev played ...

In this email, a clinician saying their "required reliance" on racial norms "bottom line, do discriminate against black players." in a statement to abc news, the nfl calls the lawsuit "entirely misguided." the league says that race norming, part of what they call "demographic correction," is recommended but not required. and the concussion settlement program was "agreed to by all parties with the assistance of expert neuropsychological clinicians" and it relies on "widely accepted and long-established" testing and scoring methods. now 52 years old -- >> is it gone? >> yeah. >> reporter: -- kev...

>> tucker: so, i mean, tell us -- give us the overview of what you think is happening here. >> so, in this concussion settlement case, i could talk to you about my players. i have 90 clients. and 95% of my players are african-american. 5% are white. none of them have been paid. i've submitted 41 claims. and 38 of them are in audit for fraud. over 99% of the players that are in audit for fraud are african-american. and i just believe that if this were a group of retired white golfers, they have been paid already. >> tucker: those are claims that are pretty hard to verify unless you have somethi...