Ex-NFL Player Urges Federal Scrutiny of NFL Fines for Player Eye Black Messages

Former NFL player Jack Brewer met with officials from the U.S. Equal Employment Opportunity Commission (EEOC) on Tuesday, seeking federal intervention into the National Football League's policy of fining players for displaying messages on their eye black.

Brewer's initiative stems from a recent $6,651 fine levied against Arizona Cardinals cornerback Kei’Trel Clark for wearing eye black with the message "Glory Be 2 God" during a game. Brewer, who is also an ordained Christian minister and a member of the federal Commission on the Social Status of Black Men and Boys, stated that his meeting was intended to explore whether the NFL's actions regarding Clark could constitute employment discrimination.

"When you start talking about freedom of speech in this country and you start talking about employees’ rights in this country, it’s a big deal," Brewer told OutKick. "As a Christian man, I’m not going to stand for that. And as a former NFL player, I’m not going to stand for that."

Brewer expressed optimism following the meeting, describing it as "very well received" and anticipating further discussions with the EEOC. He aims to understand the legal standing of players' rights in such cases and gather more information about the league's decision-making processes.

Earlier, Brewer had formally requested a meeting with EEOC Chair Andrea Lucas via a Sept. 25 letter. In the letter, obtained by OutKick, Brewer argued that the NFL's fine against Clark for expressing gratitude to God was "an action that strikes at the heart of religious liberty and sends a chilling message to every person of faith in professional sports."

Brewer specifically asked the EEOC to consider whether the NFL is obligated to accommodate a player's sincerely held religious expression under Title VII of the Civil Rights Act, provided it does not impose an undue hardship. The Supreme Court's 2023 decision in Groff v. DeJoy clarified that employers must demonstrate substantial increased costs to justify denying an accommodation.

However, the EEOC has not opened a formal investigation nor concluded that the NFL has violated federal law. Any potential case would require a detailed examination of factors such as Clark's employment relationship, whether a religious accommodation was requested, and the impact of any exception to uniform rules on league operations.

The NFL's Rule 5, Section 4, Article 8, cited in the disciplinary letter to Clark, prohibits unauthorized personal messages on game day apparel unless pre-approved by the league office. Clark, upon receiving the fine, publicly questioned the decision, stating, "I got to report to God at the end of my days on the day of judgment. I’ll always give God the glory and out loud. All good."

Brewer contended that allowing brief messages on eye black imposes minimal burden on a league of the NFL's financial scale. He drew parallels to past instances, including Tim Tebow and other athletes who wrote messages on eye black or tape.

"To think about fining someone for doing that, it’s unconscionable. It’s disgusting," Brewer said.

Brewer also highlighted the case of Houston Texans linebacker Azeez Al-Shaair, who was fined for wearing eye black bearing the name "Hind Rajab," a Palestinian girl killed in Gaza, and for a "Stop the genocide" message. While Brewer initially distinguished between religious and political expressions, he ultimately argued for consistent application of the NFL's rules.

"I think he should be just as protected," Brewer said of Al-Shaair. "If you’re going to pull down the messaging, pull it all down, but don’t pick and choose."

The NFL has previously allowed league-sanctioned social justice messages, such as "End Racism" and "Choose Love," to be displayed in stadiums and on player equipment, creating what Brewer described as a double standard.

"You cannot treat people differently based upon whatever it is you want to promote," Brewer stated. "If you are an organization like the National Football League, you cannot pick and choose the messaging that you want your players to play underneath."

Brewer's immediate goal is to rally support from current and former players to pressure the NFL into re-evaluating its stance on religious expression. He believes players should have the right to use their platform to express their faith.

"I don’t care what religion you are," Brewer added. "If you want to have the Star of David on, or you want to say, ‘Thank you, Allah,’ you have every right to do that in this country. That’s what makes this country so great." The NFL has not yet responded to requests for comment.