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Bengals linebacker says he is getting treatment for alcoholism.
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 NFL'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 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.
"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 NFL as they see fit." 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 DUI 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." 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. 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. 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. New York Times http://www.daytondailynews.com/s/content/oh/story/sports/pro/bengals/2007/10/11/ddn101207odell.html |
