Former Broncos defenseman Randy Gregory has sued the NFL and the Broncos, for violating his rights as a person with a disability under Colorado law. Gregory’s agent insists the case is not about the team.
“This has nothing to do with the BroncosPeter Schaffer told 9News.com’s Mike Klis. ‘They didn’t do anything wrong. This is all about the NFL.”
The civil complaint says otherwise. The Broncos are a named suspect. Count II of the lawsuit specifically targets the Broncos for violating the Colorado Anti-Discrimination Act.
In paragraph 86, the lawsuit specifically alleges that the Broncos “discriminated against” Gregory in five different ways:
1. “Failure to participate in the interactive process regarding Mr. Gregory’s request for accommodation prior to filing a [therapeutic use exemption].”
2 “Failure to engage in the interactive process regarding Mr. Gregory’s request for accommodation after filing a [therapeutic use exemption].”
3. “Failure to provide reasonable accommodation to Mr. Gregory in the form of a [therapeutic use exemption]despite the fact that the Denver Broncos knew that Dronabinol had been prescribed to treat Mr. Gregory’s disabilities.”
4. “Failure to communicate meaningfully and in good faith with Mr. Gregory regarding his disability and his requested accommodations.”
5. “Denying Mr. Gregory a reasonable accommodation to use Dronabinol based on his disability.”
Yes, the Broncos’ hands were certainly tied by league policy. However, the Broncos were Gregory’s employer. The Broncos chose to locate the company in Colorado. The Broncos must follow Colorado law.
Even if the Broncos did what they did because the league wanted them to do it, the Broncos still did it.
Regardless of any formalities or technicalities, this case is really about the NFL’s treatment of its players regarding a substance that is legal in most states where the NFL does business. The League has not folded its tents on cannabis because it is a matter of collective bargaining. Gregory becomes a pawn in the broader chess match between labor and management, with the union ignoring what is right in favor of what helps it get more out of the union.
Yes, it’s good that players are no longer suspended for marijuana or THC. But why are they being deprived of compensation for this? A legal product used legally should not carry any employment sanction.
Then there is the issue of disability and accommodation. As Schaffer said, “What this is all about is a player’s right – not just a player’s right, but a citizen’s right – to take the medicine that a doctor has prescribed for him. This concerns a player’s right to have his disability treated in the prescribed manner. from his treating physician.”
This lawsuit puts the NFL on shaky ground for two reasons. First, marijuana is legal for all purposes in Colorado. Secondly, Gregory needed it for medical purposes. Legal or not, it looks bad.
The NFL likes to say, “football is family.” Such situations make it impossible to see that as anything other than the PR slogan it has always been.
