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Ex-NFL Player Jack Brewer Meets With EEOC Over Fines for Players Wearing Religious and Political Eye Black

Ex-NFL player Jack Brewer meets EEOC officials to fight NFL fines against players wearing religious and political eye black.

By mitch·5 min read
A football player wears eye black with a religious message while standing on a field at dusk.

On Tuesday, Jack Brewer, a former NFL player and ordained Christian minister, met with EEOC officials in Washington, D.C., pushing for an end to fines placed upon players who put religious or political messaging on their eye black.

Brewer’s push centers on two recent cases. Arizona Cardinals cornerback Kei’Trel Clark was fined $6,651 for wearing eye black bearing the message “Glory Be 2 God” during Arizona’s Week 1 victory over the Los Angeles Chargers. Houston Texans linebacker Azeez Al-Shaair, a practicing Muslim, was fined $11,492 this month for wearing eye black bearing the name “Hind Rajab,” a Palestinian girl killed in Gaza in 2024.

The Clark Fine and the League’s Rule

Clark was told about a rule in his disciplinary letter, and the NFL pointed to Rule 5, Section 4, Article 8. That article bars players from showing personal messages through writing or illustration during games unless the league’s office has given prior permission first.

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Clark posted the fine notice on social media and wrote that he “needed answers.” In response, he said: “I got to report to God at the end of my days on the day of judgment,” and “I’ll always give God the glory and out loud.”

Under the NFL’s rule, there is no difference made between messages about religion and those about politics. Both Clark and Al-Shaair were punished for the same reason, despite the distinct nature of what they expressed.

Brewer’s Push to the EEOC

He requested that the EEOC examine whether the NFL would need to make room for a player’s sincere religious expression without placing an undue burden on the league or its teams. The request concerned policies governing religious expression, put in place by Brewer’s Sept. 25 letter to EEOC Chair Andrea Lucas requested a meeting about the fine and the league’.

Title VII of the Civil Rights Act requires covered employers to reasonably accommodate employees’ sincerely held religious beliefs and practices unless an accommodation would impose an undue hardship on the employer’s business. The Supreme Court’s 2023 Groff v. DeJoy decision held that an employer must demonstrate an accommodation would create “substantial increased costs” in relation to its particular business.

The Eye Black Double Standard

Brewer contends the NFL maintains two separate standards for messaging: league-selected content versus player expression without permission. The league keeps displaying approved social justice messages in stadium end zones and on players’ helmets, among them phrases such as “End Racism,” “Stop Hate,” “Choose Love” and “Inspire Change.”.

Team and league initiatives have helped promote LGBTQ inclusion within the NFL. However, Brewer argues that the eye black rule creates a double standard, favoring league-selected messages over unauthorized player expression.

Al-Shaair’s Case and the Consistency Question

Following the postseason, Al-Shaair was fined $11,593 after showing the message “Stop the genocide”. When questioned about whether Al-Shaair should get the same defense he is demanding for Clark, Brewer at first drew a line between religious statements and political ones, though he eventually concluded that the NFL’s limits must be applied without exception.

Brewer argued that Al-Shaair deserves the same level of protection as Clark, saying that if messaging is removed, it should come off entirely rather than being selected and chosen piece by piece. He maintained the NFL should apply its restrictions consistently, especially when it comes to promoting league-approved social messages.

The Meeting and the Way Forward

Brewer described the meeting as “very well received,” which he said left him feeling confident that additional discussions with the agency were on the horizon. His stated objective was to start by determining whether a potential case existed, what shape it might take, and how players’ rights would be protected.

Brewer claimed that permitting four words on a player’s eye black would impose little obvious burden on a multibillion-dollar sports league. He pointed to what he called “a double standard” between league-selected messages and unauthorized player expression as evidence of the problem with the current eye black rule.

An individual or organization may file an EEOC charge on another person’s behalf, but Brewer did not say a formal charge had been filed. Any potential case would require a fact-specific examination including Clark’s employment relationship with the Cardinals and NFL, whether he requested a religious accommodation, and the effect an exception to the uniform rule would have on the league’s operations.

Where the paper stands

The paper backs Jack Brewer and the players against the league’s fine policy and is against the EEOC officials who have so far defended that policy as fair enforcement. The paper believes the league should not punish players for wearing religious or political messages on their eye black while freely displaying its own approved messages across stadiums and uniforms.

The paper opposes regulation that protects the biggest players and raises the cost of entry for small ones. Here the biggest player is the league itself, and the small players are the men who wear the uniform and speak their minds.

The paper would prefer that the league simply apply its own rules without exception, rather than defend a system that treats its own messages with favor while punishing individual expression. Until then, the paper will watch closely as the EEOC decides whether to investigate the matter.

Key Facts Box

  • Clark fine: $6,651 for “Glory Be 2 God”
  • Al-Shaair fine: $11,492 for “Hind Rajab”; $11,593 for “Stop the genocide”
  • Meeting: EEOC officials, Washington, D.C., Tuesday
  • Letter to EEOC: Sept. 25, sent to Chair Andrea Lucas
  • Supreme Court decision: Groff v. DeJoy, 2023
  • NFL rule: Rule 5, Section 4, Article 8

Brewer’s case depends upon a plain contrast: the NFL permits its own messages to show up on helmets and end zones, while it punishes players for putting forth their own views on eye black. His demand is for the league to apply its own rules with evenhandedness.

The outcome of the EEOC’s decision to launch an investigation is not yet known. What is clear is that a champion has emerged for the question of religious and political expression in professional football, someone willing to take the issue to the highest regulatory body in the country.

Source material: “Ex-NFL player Jack Brewer leads charge to end fines for players using religous, political eyeblack messaging,” Fox News.

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