In 2013, the NFL settled for $765 million after more than 4,500 retired players brought concussion lawsuits against the league.
Black players were automatically paid less because they were labeled as having worse cognitive functioning than White players. As a result, if a Black former player and a White former player receive the exact same raw scores on a battery of tests designed to measure their cognitive capabilities then the Black player is presumed to have suffered less impairment.
After more lawsuits were filed for this racist stance the NFL announced on June 2, 2021 it would discontinue the use of race norming.
“Race Norming” is the practice of assuming a lower baseline of cognitive abilities in Black people.
So because a person was born black they were disqualified for equal compensation on the basis that it was believed they are not as mentally capable as white people.