Thurman not a Bengal, now we know why!

[combatbengal]

Came across this article this morning.

By now, Odell Thurman figured he would be back on a football field to resume his promising career for the Cincinnati Bengals.

Those around him say he has gained control of his drinking problem. And he has served a yearlong suspension for violating the NFL's substance-abuse policy, a punishment that resulted after he was charged with driving under the influence while already suspended. Instead, Thurman, 24, is at the center of an unusual case that could challenge the sweeping powers the league has to discipline players with substance-abuse problems.

He 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. That, his complaint says, violates the Americans with Disabilities Act, which categorizes people as disabled if they have a record of alcoholism and have received treatment.

While Thurman waits for his case to work through a tangle of bureaucracy, he is traveling between his home in Atlanta and Cincinnati, trying to stay in shape and hoping to find work while missing his second consecutive season. He will try for reinstatement next year.

Thurman applied for reinstatement earlier this year, but Commissioner Roger Goodell decided in July that the suspension should continue for another season. In a letter to Thurman, Goodell indicated that Thurman's conduct in the rehabilitation program had led the league to believe he would not be able to continue to observe the substance-abuse program if he were reinstated, according to Thurman's lawyer, John J. Michels.

"The league believes Mr. Thurman is an alcoholic and has taken an adverse employment action based on that," Michels said. "It would be one thing if he had engaged in additional alcohol incidents. That's not what happened. You can hammer people for conduct that breaches your standards. But this is the functional equivalent of telling somebody that you believe has cancer, we're not going to employ you."

[agreen_112]

Stick it to the man, O-Dawg!!! Gosh, he should be playing right NOW! I hope Roger takes a lot of heat for this.

[The PatternMaster]

Odell has a good case, I would like to see how this plays out. I think Goodell got caught up in the power of his position and over-stepped his bounds by coming down too harsh on Odell.

He probably figured that since Odell was a young player with bad reputation who played for a small market team he could do whatever he wants and no one will care. Goodell knows the country thinks the Bengals are full of thugs and criminal, so who cares if some young punk gets punished?

Odell will have his day in court, the truth will be heard and justice shall be had!!!

[Bengals1]

I'm honestly not the conspiritorial type, but I can't help but wonder if Odell would have gotten a letter like that he been a Patriot or a Steeler?

[oldschooler]

Here is the whole article . . .

Suspended Player Fights N.F.L. Ban

By JUDY BATTISTA

Published: October 11, 2007

By now, Odell Thurman figured he would be back on a football field to resume his promising career as a linebacker for the Cincinnati Bengals.

Those around him say he has gained control of his drinking problem. And he has served a yearlong suspension for violating the N.F.L.’s substance-abuse policy, a punishment that resulted after he was charged with driving under the influence while already suspended. The Bengals could certainly use him. Their season is on the verge of collapse, partly because their defense is porous.

Instead, Thurman, 24, is at the center of an unusual case that could challenge the sweeping powers the league has to discipline players with substance-abuse problems.

He has filed a complaint with the Equal Employment Opportunity Commission, asserting that the N.F.L. declined to reinstate him because officials believe he is an alcoholic. That, his complaint says, violates the Americans with Disabilities Act, which categorizes people as disabled if they have a record of alcoholism and have received treatment.

“The crux of the complaint is that they have a disability and they are not being reinstated because of that disability,” said Paul M. Secunda, a labor and employment law expert who edits the Workplace Prof Blog. “What we’re talking about is the disability of the player and the rights of the employer to run the N.F.L. as they see fit. It’s, where does the D.U.I. fit it? Does the league have the right to take further action beyond what the criminal court system does?”

Secunda added: “Potentially, these situations are boundless as far as athletes getting in trouble with alcohol- and drug-related cases. It’s the larger debate in society. At what point do people have to take responsibility for their own actions?”

While Thurman waits for his case to work through a tangle of bureaucracy, he is traveling between his home in Atlanta and Cincinnati, trying to stay in shape and hoping to find work while missing his second consecutive season. He will try for reinstatement next year.

The case began when he was suspended for the first four games of the 2006 season for violating the league’s substance-abuse policy. The suspension was extended to a full season when he was arrested on a D.U.I. charge.

Thurman applied for reinstatement earlier this year, but Commissioner Roger Goodell decided in July that the suspension should continue for another season. In a letter to Thurman, Goodell indicated that Thurman’s conduct in the rehabilitation program had led the league to believe he would not be able to continue to observe the substance-abuse program if he were reinstated, according to Thurman’s lawyer, John J. Michels.

“The league believes Mr. Thurman is an alcoholic and has taken an adverse employment action based on that,” Michels said. “It would be one thing if he had engaged in additional alcohol incidents. That’s not what happened. You can hammer people for conduct that breaches your standards. But this is the functional equivalent of telling somebody that you believe has cancer, we’re not going to employ you.”

He further described the league’s ruling as “a kick in the head.”

Michels conceded that Thurman missed tests that were mandated in the substance-abuse policy. But he said Thurman completed an inpatient rehabilitation program in April that lasted several months. He also said the league told Thurman its medical staff had not had enough time to evaluate his progress since he completed the program.

A representative of the commissioner’s office was supposed to meet with Thurman before his reinstatement was considered, and that meeting was never arranged, Michels said.

When asked about Thurman’s last positive test, Michels said: “It’s been ages. It hasn’t been this year, and I don’t think it was last year.”

Thurman declined a request to be interviewed for this article.

In a brief interview in September, Goodell said the league had concerns about Thurman’s actions in rehab.

“We looked at everything,” he said. “Is he doing things that are part of the program? He wasn’t, in some cases.”

Greg Aiello, an N.F.L. spokesman, defended the league’s substance-abuse rules.

“We have operated our program successfully for almost two decades and are fully confident that our policies are consistent with the law,” he said.

Whether Thurman is currently abusing alcohol or is seeking help is an important distinction. If he is abusing alcohol, he would not be protected under the disabilities act. But if he is receiving treatment, he could be considered disabled.

“The issue is, how long do you have to be off before you are not considered to be currently abusing?” Secunda said. “There is no clear answer, no bright line.”

One recent E.E.O.C. case is similar to Thurman’s. Roy Tarpley, a former N.B.A. player, struggled for years with substance abuse and was thrown out of the league in 1991 for violating its policy. He was reinstated in 1994. But in 1995, he relapsed and was permanently barred.

When he sought reinstatement in 2003, he was denied even though he said he no longer had a problem and was not failing drug tests. He brought a disability discrimination complaint to the commission, the federal agency that acts as a gatekeeper on employment issues.

The E.E.O.C. found in favor of Tarpley over the summer, and on Sept. 26, he sued the N.B.A. and the Dallas Mavericks, arguing that they had violated the disabilities act by refusing to reinstate him.

Secunda said he was not sure Tarpley’s case would bolster Thurman’s, because the E.E.O.C. could look at whether the N.F.L. was within its rights to extend the suspension because of the drunken-driving case.

Even the leader of the N.F.L. Players Association is perplexed by the case.

“I was surprised they had taken this route,” Gene Upshaw, the union’s executive director, said. “I know once you’re in the program, the only way you can get out of it is you have to comply with the rules.”

Thurman’s speediest way back to football would probably be to apply for reinstatement in 2007, because the employment commission could take years to rule on his case.

http://www.nytimes.com/2007/10/11/sports/f.../11alcohol.html

[smith288]

Im a fan of the new rules the NFL has laid out however alcholism is a serious problem and not some "bad choices" issue like pot and robbing people at gunpoint.

If Odell has a clinically mental issue with alcohol then i dont think the league can legally suspend him for such a disorder.

Magic Johnson got to play basketball with aids yet Odell cannot play because he has a mental dependence? Seems sort of wrong, especially if Odell is going to treatment.

[ShulaSteakhouse]

Im a fan of the new rules the NFL has laid out however alcholism is a serious problem and not some "bad choices" issue like pot and robbing people at gunpoint.

If Odell has a clinically mental issue with alcohol then i dont think the league can legally suspend him for such a disorder.

Magic Johnson got to play basketball with aids yet Odell cannot play because he has a mental dependence? Seems sort of wrong, especially if Odell is going to treatment.

“We looked at everything,” he said. “Is he doing things that are part of the program? He wasn’t, in some cases.”

I think this was the problem - his "behavior" in rehab - apparently was not keeping up on things - still vague though.

But if he was not keeping up with his responsibilities in rehab - that's his fault and no one else's (missing tests etc...,).

[GregCook]

Im a fan of the new rules the NFL has laid out however alcholism is a serious problem and not some "bad choices" issue like pot and robbing people at gunpoint.

If Odell has a clinically mental issue with alcohol then i dont think the league can legally suspend him for such a disorder.

Magic Johnson got to play basketball with aids yet Odell cannot play because he has a mental dependence? Seems sort of wrong, especially if Odell is going to treatment.

“We looked at everything,” he said. “Is he doing things that are part of the program? He wasn’t, in some cases.”

I think this was the problem - his "behavior" in rehab - apparently was not keeping up on things - still vague though.

But if he was not keeping up with his responsibilities in rehab - that's his fault and no one else's (missing tests etc...,).

Could be a federal case here, but Odell will be an old man, in NFL terms, by the time the case is final. But its a great tactic by his agents if he keeps clean and sober while he appeals. The NFL will have to consider whether they want federal courts snooping into their business. They might decide that they are better off with Odell in the league in place of the courts.

[HairOnFire]

I think this was the problem - his "behavior" in rehab - apparently was not keeping up on things - still vague though.

But if he was not keeping up with his responsibilities in rehab - that's his fault and no one else's (missing tests etc...,).

I'd say describing things as "still vague" is a gross understatement. The article makes it clear that Thurman has passed all of his tests for over a year, and earlier claims that he hadn't complied fully with his rehab responsibilities were related to missed meetings, not missed tests. In fact, the NFL's positions seems to be one of not believing the player can beat his additction...despite evidence to the contrary...so they deny him the opportunity.

Sadly, even if Thurman prevails his reward will probably be limited to receieving back pay....a pittance roughly equal to the NFL's annual doughnut budget.

BTW, the NFL's policy on missed drug tests being equivalent to a failed test is complete bulls**te. All of the banned substances that the NFL tests for using urine, including alcohol, stay in the system long enough to be detected by later tests. For example, even trace amounts of marijuana are detectable as much as 30-34 days after being ingested, and the figures are comparable for steroids, so a player gains no advantage if he's tested immediately after a missed test. Oddly, the NFL can't seem to be bothered.

[Kazkal]

Goddell would be better off reinstating odell, But hey if he wants the nfl to pay odell directly rather then mike brown do it fine by me.

[oldschooler]

Looks like Odell will know if he has a case by January.

It won`t help us, but it could help him, and his wallet . . .

Thurman Pushes For Return Under Disabilities Act

UPDATED: 3:41 pm EDT October 12, 2007

CINCINNATI -- Help could be on the way to the Cincinnati Bengals’ depleted linebacking corps, but it probably won’t arrive in time to help this season.

Suspended linebacker Odell Thurman has taken an unusual step in hopes of returning returning to the NFL, his attorney.

Thurman filed a complaint in August with the Equal Employment Opportunity Commission, alleging that league officials declined to reinstate him because they believed he is an alcoholic.

The complaint argued that this decision violates the Americans with Disabilities Act, which classifies alcoholism as a disability if a person has a history of drinking and has undergone treatment.

Thurman and his supporters said the 24-year-old has gained control of his drinking problem, said attorney John Michels.

Thurman is currently serving a second consecutive yearlong suspension from the NFL for violating the league’s substance-abuse policy, following his 2006 arrest for driving under the influence of alcohol while serving a previous suspension.

The complaint could challenge the league’s power to discipline players with substance-abuse problems, according to legal experts.

The EEOC will investigate the claim over a five-month period and determine whether Thurman was discriminated against, and then determine whether to file criminal charges in federal court.

Michels said the investigation is about halfway complete, and he said the investigation would likely conclude in February.

Thurman has been working out in Cincinnati and Atlanta, in hopes of returning to the football field after missing two straight seasons.

Thurman played for the Bengals as a rookie in 2005, but he was suspended for four games after skipping a drug test.

The suspension was extended to cover the entire 2006 regular season after his DUI arrest, for which he pleaded guilty in February 2007 and was sentenced to a treatment program in June.

NFL Commissioner Roger Goodell declined to reinstate Thurman in July, saying that the league believed Thurman could not continue his treatment program if he were allowed to play football.

Goodell's decision left the Bengals with two suspended players, after wide receiver Chris Henry was suspended for the season’s first eight games for repeatedly violating the league's conduct policy.

Thurman and Henry are two of 10 Bengals players who have been arrested over the past 14 months.

Judge John Burlew continued linebacker Odell Thurman's probation in September, praising him for "performing extraordinarily well."

Burlew blasted the NFL during a previous hearing for profiting from alcohol ads while doing little to prevent alcohol abuse, saying the league needs to maintain better oversight of its players to help keep them from getting in trouble.

http://www.wlwt.com/news/14327412/detail.html

[Kazkal]

Well he still has plenty of years of football left in him carson was what 24? 25 when he started for us eh.

[redsrule2500]

Im a fan of the new rules the NFL has laid out however alcholism is a serious problem and not some "bad choices" issue like pot and robbing people at gunpoint.

Are you for real?! Alcoholism hurts mainly yourself, robbing at gunpoint is insanely worse! Pot is illegal too...

That's a terrible comparison.

[smith288]

Im a fan of the new rules the NFL has laid out however alcholism is a serious problem and not some "bad choices" issue like pot and robbing people at gunpoint.

Are you for real?! Alcoholism hurts mainly yourself, robbing at gunpoint is insanely worse! Pot is illegal too...

That's a terrible comparison.

Alcoholism is NOT a problem that hurts only the person. You are ignorant of the subject.

"Better to remain silent and be thought a fool than to speak out and remove all doubt."

Odell made bad choices in his life that I dont agree with but you don't seem to have a clue of the power alcoholism has over a person and subsequently those close to that person.

And I wasnt comparing the two. I was saying there is no comparison and Odell shouldnt be punished for his problem. As long as he is not making mistakes and successfully passing tests, why keep him out?