NFL, Broncos seek dismissal of player’s THC discrimination lawsuit

The National Football League and the Denver Broncos asked a federal court to dismiss a disability discrimination lawsuit filed by former player Randy Gregory over fines he received for using THC, arguing the case is preempted by the league’s collective bargaining agreement.

In a motion filed last week, the NFL and Broncos contend Gregory’s claims under the Colorado Anti-Discrimination Act are “inextricably intertwined” with the NFL’s collectively bargained substance abuse policy and must be resolved through arbitration rather than litigation, Law360 reported.

“These are precisely the type of interpretative questions that (Gregory) is required to present under the mandatory arbitration procedures,” the motion states.

Gregory, who is now with the Tampa Bay Buccaneers, alleged he was fined $532,500 for using THC to treat social anxiety disorder and PTSD. He claimed the NFL discriminated against him by denying his request for a therapeutic use exemption to take dronabinol, a synthetic form of THC.

The league and team argued that Gregory is attempting to use state law to “excuse his multiple violations of the (drug) policy for positive tests for marijuana – a prohibited substance under the policy – because his use of THC was allegedly to treat medical conditions.”

They contended the court would need to interpret the collective bargaining agreement to evaluate Gregory’s claims, triggering preemption under federal labor law.

Gregory’s “own complaint makes clear that his claim cannot be independently evaluated under Colorado law,” the motion argued.

The NFL and Broncos also asserted that Colorado law does not recognize disability discrimination claims based on enforcement of workplace drug policies.

Over the past few years, the NFL has relaxed its stance on marijuana use. In 2020, the league’s new collective bargaining agreement eliminated suspensions for positive marijuana tests and significantly raised the threshold for a positive test. However, the league still prohibits THC use and can fine players for violations.

The motion also heavily relies on Section 301 of the Labor Management Relations Act, a federal law that governs labor disputes.

“(Section 301) preemption extends to any state law claim that requires interpretation of any CBA term,” the motion said, citing previous court decisions. That law often requires labor disputes to be resolved through arbitration rather than in court, which could spoil Gregory’s attempt to litigate his claims.

Gregory filed the lawsuit in state court earlier this month. It was removed to federal court last week.