The settlement in N RE: NATIONAL FOOTBALL LEAGUE PLAYERS' CONCUSSION INJURY LITIGATION, achieved final approval on March 4, 2022.
In that suit former Black NFL players alleged that they were given reduced compensation for injuries resulting in cognitive impairments than similarly situated white players because the NFL used a lower cognitive baseline when assessing impairment for Black athletes. As part of the settlement, the NFL agreed to stop using race based assessments of cognitive function.
Racial barriers to the civil justice system refer to the ways in which race and ethnicity can affect a person's access to and treatment within the civil justice system. Here are some examples of racial barriers that can exist within the civil justice system:
Bias in jury selection: Jury selection is supposed to be unbiased, but studies have shown that racial bias can play a role in jury selection. This can lead to juries that do not accurately represent the community and can result in unfair outcomes for people of color.
Discrimination in the legal profession: Discrimination can occur at all levels of the legal profession, from law school admissions to hiring and promotion within law firms. This can lead to a lack of diversity among lawyers and judges, which can result in biased decision-making.
Disproportionate impact of civil legal problems: People of color are often disproportionately impacted by civil legal problems, such as eviction, debt collection, and child custody issues. These problems can be compounded by the lack of access to legal services, which can result in a lack of representation and a greater likelihood of negative outcomes.
Structural inequalities: Structural inequalities, such as the racial wealth gap, can also play a role in limiting access to the civil justice system. People of color may not have the financial resources to hire a lawyer or pursue a civil case, which can result in a lack of representation and a greater likelihood of negative outcomes.
Implicit bias: Implicit bias can play a role in how judges, lawyers, and other legal professionals treat people of color within the civil justice system. This can result in unequal treatment and can make it more difficult for people of color to achieve just outcomes.
Racial covenants are legal agreements, often included in property deeds or neighborhood contracts, that prohibit the sale or rental of property to people of certain races or ethnicities. They were commonly used in the United States during the early to mid-20th century as a way to enforce residential segregation and prevent people of color from living in predominantly white neighborhoods.
Racial covenants were often included in property deeds when neighborhoods were initially developed and could also be added later through amendment. These covenants were legally enforceable, meaning that if a property owner violated the covenant, they could be sued and forced to sell their property or face other penalties.
The use of racial covenants was struck down by the U.S. Supreme Court in the 1948 case Shelley v. Kraemer, which found that enforcing racial covenants violated the 14th Amendment's equal protection clause. However, despite this ruling, racial covenants remained in place in many communities for decades
Racial home association bylaws are rules and regulations established by homeowners associations (HOAs) that affect the racial makeup and diversity of a community. It's important to note that while some of these practices may not explicitly mention race, they can have a disproportionate impact on people of color and contribute to racial segregation and exclusion in communities.