Bryan Cox, a linebacker with the Chicago Bears football team, alleges that the National Football League singled him out for excessive fines in retaliation for a Title VII claim he filed in 1994. In the earlier litigation, Cox successfully compelled the League to institute a policy of ejecting fans whose behavior is racially offensive. Here is the May 21, 1997 complaint.

IN THE UNITED STATES
DISTRICT COURT
FOR THE NORTHERN DISTRICT
OF ILLINOIS
EASTERN DIVISION

BRYAN COX,

Plaintiff,

vs.

NATIONAL FOOTBALL LEAGUE, an
unincorporated association, and
PAUL TAGLIABUE, Commissioner,

Defendants

JURY DEMAND

COMPLAINT AT LAW

        NOW COMES the Plaintiff,
BRYAN COX, by and through his
attorneys, STOTIS & BAIRD
CHARTERED, and hereby complains of
the Defendants, NATIONAL FOOTBALL
LEAGUE, an unincorporated
association, and PAUL TAGLIABUE,
Commissioner, as follows:

JURISDICTION

        1. The Plaintiff, Bryan Cox,
is a natural person and a resident
of the State of Illinois.

        2. The Defendant, National
Football League, is an
unincorporated association with
its principal place of business in
New York City, New York.

        3. The Defendant, Paul
Tagliabue, is a natural person,
being sued in his official
capacity as Commissioner of the
Defendant, National Football
League, and is a resident of the
State of New York.

        4. That this action is being
filed under Section 703 of Title
VII of the Civil Rights Act of
1964, as amended, 42 U.S.C.
Section 2000e-2.

        5. That prior to the
commencement of this action, the
Plaintiff has exhausted his
administrative remedies under the
collective bargaining agreement
entered into with the Defendant,
and with the EEOC, as exhibited by
the "Right to Sue Letter" attached
as Exhibit "A".

RETALIATION FOR FILING TITLE VII
ACTION

        6. That at all times
material hereto, the Plaintiff
Bryan Cox, is employed as a
professional football player with
the Chicago Bears Club of the
Defendant, National Football
League.

        7. That at all times
material hereto, the Defendant,
National Football League, was as
employer engaged in an industry
effecting interstate commerce who
has 15 or more employees for each
working day in each of 20 or more
calendar weeks in the current or
proceeding[sic] calendar year.

        8. That the Defendant,
National Football League,
exercised a significant degree of
control over the compensation,
terms, conditions, and privileges
of the Plaintiff's employment
sufficient to qualify as a joint
employer of the Plaintiff.

        9. That on July 26, 1994,
the Plaintiff filed suit against
these Defendants in the United
States District Court for the
Southern District of New York
under case number 94 Civ. 5440.

        10. That said suit alleged
that the Defendants breached their
affirmative duty under Title VII
of the Civil Rights Act to
maintain a working environment
free from racial harassment,
intimidation or insult.

        11. That the lawsuit sought
no monetary damages, but asked
that the Defendants adopt policies
requiring their member clubs to
eject fans who engage in racially
offensive conduct.

        12. That on October 10,
1996, the Defendants imposed a
fine against the Plaintiff for
alleged misconduct in n amount in
excess of $80,000.00.

        13. That typically, the
Defendants have not imposed any
fine on employees who engage in
similar conduct.

        14. That on one occasion,
the Defendants imposed a fine of
$500.00 for conduct similar to
that allegedly engaged in by the
Plaintiff.

        15. That, since the filing
of the Title VII, the Defendants
have engaged in a pattern of
adverse actions the Plaintiff.

        16. That the amount of fine
imposed on the Plaintiff is
causally linked to the Plaintiff's
prosecution of his lawsuit against
the Defendants.

        17. That as a direct and
proximate result of the
forgoing[sic], the Plaintiff has
sustained damages.

WHEREFORE, the Plaintiff demands
judgment against the Defendants
for compensatory and punitive
damages, as well as costs and
attorneys' fees.

STOTIS & BAIRD CHARTERED

BY: /s/ Michael S. Baird

STOTIS & BAIRD CHARTERED
Attorneys for Plaintiff
311 South Wacker Drive
Suite 2675
Chicago, Illinois 60606-6620
312/461-1000

======================

National Football League
Paul Tagliabue, Commissioner

October 10, 1996

BY FACSIMILE

Mr. Bryan Cox
C/O CHICAGO BEARS
250 North Washington Road
Lake Forest, Illinois 60045

Dear Bryan:

This is to advise you of discipline to be imposed on
you based upon your misconduct in Sunday's game
between the Bears and the Green Bay Packers and
in light of your record of repeated prior violations
of League standards during the past three seasons.
For the reasons set forth below, you will be fined
in an amount equal to one game check.

Sunday's Incident

Your conduct that forms the basis for this
discipline occurred toward the end of the first half.
At that time, following the Green Bay touchdown,
while the Packers were preparing for the extra
point attempt, you removed your helmet and threw
it on the ground under the goal post toward the end
line, where two officials (Field Judge Billy Smith
and the Back Judge) were positioned for the extra
point try. As a result, you were penalized for
unsportsmanlike conduct. During the Packers'
attempt, you positioned yourself in the end zone
with your helmet in your hand.

Thereafter, following Green Bay's completion of
its extra point kick, you verbally abused the Field
judge at close range (apparently in response to
your having been flagged for helmet throwing),
repeatedly making an obscene gesture by giving
the official "the finger" and shouting obscenities at
the Field Judge.

This misconduct was visible to the fans in Soldier
Field and to those watching the live FOX telecast
of the game and on a FOX replay focusing on your
actions.

League Standards

In July of this year, in a notice sent to all players
concerning player conduct, I emphasized that
misconduct on the field either directed at game
officials or offensive to NFL fans was strictly
prohibited and would be the subject of discipline.
This notice stated in part:

"We will continue to safeguard other key standards
of NFL professionalism and sportsmanship during
games. You should be aware that disciplinary
action will result from on-field fights and other
unsportsmanlike actions, including taunting of
opponents, abuse of game officials or fans, and
public obscenity." (emphasis added.)

With respect to game officials, this notice further
stated:

"Players, coached, and other club personnel must
maintain proper respect for game officials at all
time. Physical abuse of officials -- punching,
shoving, grabbing, or any other aggressive contact
-- is strictly prohibited and will result in expulsion
from games, fines, and possibly suspensions. Non-
physical abuse of officials, including extreme
profanity and other abusive language, is also
prohibited." (emphasis added.)

Prior Violations and Discipline

In the past three seasons alone, you have been
found to have violated League standards based
upon your misconduct in six different games, and
you have been fined seven times in amounts
totaling $38,000.

Of these seven fines, five were for serious
violations that involved crude and offensive
misconduct directed to game officials or to fans or
fighting.

Discussion

This latest incident is an example of your example
of your apparent continuing inability to control
your behavior, and it confirms a continuing pattern
of abuse towards participants in NFL games,
including game officials and opposing players, as
well as fans.

As you are well aware, I have previously advised
you in pointed terms that misconduct of this type is
unacceptable in the NFL and that its repetition
would not be tolerated.  Nonetheless, you have
failed to bring your conduct and actions into
compliance with League requirements and
standards.

For example, in December of 1993, following an
episode involving officials, I wrote to you,
emphasizing:

"you have to control yourself on the
field, including no verbal or other harassment of
officials."

"If there are further serious outbursts by you, I will
reluctantly be required to impose considerably
more severe disciplinary action."

As a further example, at the end of last season, on
December 20, 1995, in imposing disciplinary
action, I wrote to you again and emphasized that
offensive conduct in front of NFL fans - in
stadiums and viewed on television - is
unacceptable.

"With the NBC television cameras focused on you,
you were shown engaged in actions that would
inevitably be seen by many in the audience as, at
best, crude and reflecting poorly on you (and, by
association, other NFL players) as, at worst,
insulting and contemptuous.

This type of conduct is unprofessional and cannot
be tolerated.  Your conduct was not provoked and
was unbecoming for an NFL player.  Further, fan
interest and support is vital to everyone involved in
the NFL.  Because your conduct readily be viewed
by fans in the stadium as insulting, it has the
potential to incite them and to increase crowd
control and crowd security risks.  Your behavior
was clearly conduct detrimental to the National
Football League and to those who earn their living
in the League, including you and all other players."

Your misconduct in last Sunday's game was again
unprovoked, unprofessional, offensive to NFL
fans, and unbecoming for an NFL player.

My previous fines for your conduct detrimental to
the League have been at modest levels due to my
expectation that, rather than provoking a negative
or hostile reaction, they would encourage a
constructive response on your part: recognition of
the necessity of curbing your emotions and
behavior in difficult situations and appreciation of
negative consequences to your family, your team
and yourself of failing to do so.  This latest
incident demonstrates that my expectations were
misplaced and that discipline commensurate with
the conduct at issue here is warranted.

Accordingly, I am imposing on you a fine equal to
one game check.  By copy of this letter, the Bears
are instructed to forward the amount of your next
game check to this office, which will in turn
contribute the fine to various charitable
organizations as provided in the 1993 Collective
Bargaining Agreement.  In light of your prior
record, you should know that any future
misconduct seriously detrimental to the League
will result in a suspension of at least one game.

Under the 1993 Collective Bargaining Agreement
between the NFL Management Council and the
NFL Players Association, a player's appeal of such
discipline may be filed in writing within twenty
days after his receipt of notice of the fine.  If you
file a timely appeal, a hearing will be conducted
soon thereafter.

Sincerely,

/s/Paul Tagliabue

cc: Michael McCaskey
Dave Wannstedt
Harold Henderson
Gene Upshaw