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Patriots’ decision to cut Love looks like disability discrimination

KyleLove Getty Images

The ruthless nature of football decision-making has resulted in plenty of fans and reporters becoming desensitized to the human element of these moves.  And that causes us all, in some situations, to miss potential violations of human rights.

For former Patriots defensive tackle Kyle Love, the facts as communicated by his agent to the media (and not yet refuted by the Patriots) point to the conclusion that the team cut Love because Love has Type-2 diabetes.  And that points to a potential violation of the federal Americans with Disabilities Act and any Massachusetts laws covering a persons rights when it comes to certain physical and medical conditions.

The labor deal omits actual or perceived disability as a ground on which discrimination is prohibited by Article 49 of the document.  That decision likely was aimed at preventing players from arguing that the cruel-but-inevitable decision to strip a roster spot from an older, damaged player and give it to a younger guy resulted from physical conditions that the team should have found a way to reasonably accommodate.

Still, rights not covered by a labor deal typically exist beyond the four corners of a Collective Bargaining Agreement, allowing the employee to file suit.  While suing the Patriots could make it harder for Love to continue his NFL elsewhere, a decision to lump it doesn’t mean the Patriots properly respected his legal rights.

Unless there’s more to the story (and there could be), it appears that the Patriots preferred not having to deal with a diabetic player, presuming he could miss practice time or game time or who could have a hard time keeping his weight at the right level or otherwise create issues or distractions a healthy player doesn’t.  If there is more to the story — if, for example, Love has been teetering on the brink of Type-2 diabetes and the team had been working with him to improve his diet and he nevertheless failed to comply with efforts to keep him from acquiring the disease — the Patriots need to make that known.  (Though that wouldn’t necessarily make the move legal and proper, it would make the team’s swift reaction to the diagnosis more understandable.)

Absent an explanation, a head coach whom many believe to be heartless will appear that way.  Even worse, it will reinforce the perception that Bill Belichick does whatever he wants, daring those whose rights may have been violated to do something about it.

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91 Responses to “Patriots’ decision to cut Love looks like disability discrimination”
  1. cusoman says: May 16, 2013 8:57 AM

    I…. I have to agree. It *looks* like it, but let’s hear from them on this first before we draw any conclusions.

  2. jimmyt says: May 16, 2013 8:59 AM

    Never, ever trust a cheater.

  3. all4patriots says: May 16, 2013 9:00 AM

    You could also point out the fact that he blew out his knee in the last game that he played, in the first series of the game. He played 3 snaps of 72 total, per Mike Reiss.

    Couldn’t that be the main reason?

  4. dexterismyhero says: May 16, 2013 9:00 AM

    Way to go Pats and BB. Kickem to the curb.

  5. qdog112 says: May 16, 2013 9:01 AM

    If they state diabetes as the reason, he has grounds to sue. What in the world are they thinking? If the man does his job, not even in at will states, can he be fired for having an ailment.

    That’s beyond dumb. Let the spin begin. They’ll have to change the reason, but if they actually already wrote it – good luck with that.

  6. lifeofcurley says: May 16, 2013 9:03 AM

    Patriots say we decided to move in a different direction and that’s it. Good luck proving it was discrimination in a profession in which you can be released for almost anything. Not saying its right but we always say sports are not like the real life working world. This is just another example.

  7. floratiotime says: May 16, 2013 9:03 AM

    This can’t be serious. I’m thinking the NFL is obviously discriminating against blind people too. Look at the facts … not one blind person has made any of the 32 NFL teams. Clearly there’s a problem. I’d sue them.

  8. benh999 says: May 16, 2013 9:04 AM

    Diseases are not disabilities.

  9. goraidersgospurs says: May 16, 2013 9:05 AM

    New england is a ruthless team!!!

  10. xinellum says: May 16, 2013 9:05 AM

    Absolute power corrupts absolutely. Bellicek from manhandling a referee to cheating to win Super Bowls to violating the laws of the US regarding discrimination believes he is immune. Kraft and Bellicek prove that coddled rich idiots are still idiots regardless of the money they make and the power they wield. However, sice Kraft and Goodell sleep together, Goodell won’t even look into this until it becomes a lawsuit. Goodell should just join the Patriots staff and get it over with.

  11. natijim235 says: May 16, 2013 9:06 AM

    Diabetes can be controlled and if taken care of and do the right things, can live a normal life, including playing football

  12. andreweac says: May 16, 2013 9:07 AM

    HIPAA mandates the team not discuss a player’s health issues. Suggesting a team violate HIPAA is pretty stupid legal advice.

  13. rubicon202 says: May 16, 2013 9:07 AM

    I hate the Patriots but what I hate more is articles that lack information and try to make me form an opinion of the author…not enough info to say anyone’s rights were violated? “the Patriots need to make that known.” too who? Again I can not stand the Pats but C’mon man…

  14. bearsfan4life says: May 16, 2013 9:08 AM

    Let’s be honest. If this was Vince Wilfork, nobody would care. The guy was a UFA and hasn’t done much in the NFL.

  15. rboutote says: May 16, 2013 9:10 AM

    There needs to be more information on the story before we assume the Pats are jerks for cutting him (and I’m a Jets fan). If its type 2, and the team had been working with him and telling him to keep his weight down and stay healthy and he didn’t comply, then I don’t see them as being discriminatory for cutting him.

  16. mookieinhiding says: May 16, 2013 9:10 AM

    I highly doubt the only reason Love was released was due to Diabetes Type 2.

    There is obviously more to the story than is being reported and it’s well known that the Patriots don’t discuss player personnel moves with the media.

  17. Shockblast Media says: May 16, 2013 9:11 AM

    I’m as disappointed as anyone in this decision to cut Kyle Love as any Patriots fan, especially in light of his medical condition, so it’s really hard to try and say anything in support of their decision. With that said, the writing was kind of on the wall if you think about it. They just signed two DL that play his position (Tommy Kelly/Armon Armstead) that they may feel are going to be better. They just cut another guy that played the same position that raised just as big an eyebrow for me the day before (Brandon Deaderick).

    Also, they drafted Marcus Cannon when they knew he had cancer. One of those two DL they just signed was a kid who had a heart attack. Then there is Tedy Bruschi. There have been plenty of guys they have worked with in light of their issues.

    They may have just done this kid a favor. They could have held on to him all offseason, let him go through the programs and waited until he got to training camp to let him catch on with someone else when roster spots are at a premium and it may have been harder to snag a spot. Now he is free to go through an entire offseason program with someone else. Or maybe a football career at the position he plays is going to be difficult and he can focus on starting the rest of his life.

    That said, it is heartless and frustrating. Maybe they should have just strung him along for a while just so they didn’t look bad? Is there even such a thing?

  18. cbraithwaite says: May 16, 2013 9:12 AM

    Isn’t there a possibility that the Pats are having to expose him to waivers to get him on IR/PUP, as the Giants did with a TE with a torn ACL last year?

  19. walkinginthewasteland says: May 16, 2013 9:12 AM

    “Absent an explanation, a head coach whom many believe to be heartless will appear that way. Even worse, it will reinforce the perception that Bill Belichick does whatever he wants, daring those whose rights may have been violated to do something about it.”

    Perception? Was it a perception when he was unapologetic after spygate? Is it a perception when he falsifies the injury report? Is it a perception when he grabs referees? Is adultery a perception also?

    Bill Belichick is precisely the arrogant individual he appears to be, regardless of perceptions.

  20. str8cashomie2 says: May 16, 2013 9:13 AM

    Wow Florio. You’ve really outdone yourself on this one. Starting transition to other sites and while admittedly this is still my first hit, I’m more actively lookin elsewhere

  21. brutus9448 says: May 16, 2013 9:14 AM

    it seems like the pats used this as an excuse to cut him without having to pay him. It’s a below the belt move but coming from belicheat is not surprising.

  22. nyfootballgiants says: May 16, 2013 9:14 AM

    Nice reactionary piece. In most cases, people with type 2 diabetes are recommended to reduce their weight. Not a good diagnosis for someone whose job requires them to be 300+ pounds.

    Without knowing the facts, having an article with a title of “Patriots’ decision to cut Love looks like disability discrimination” is misleading.

    Prima facia cases are easy to establish. But, as an attorney, you are aware that employers are allowed to offer a defense against such a case – and many times do win.

  23. SeenThisB4 says: May 16, 2013 9:15 AM

    Since the Patriots defense last year couldn’t stop a runny nose, I doubt that this bozzo’s complaint has any credibility.

  24. competitivecompetitioncompeter says: May 16, 2013 9:16 AM

    Dude, that is just harsh. Cutting a player because he showed up to camp too fat to play? Bill Belichick clearly likes his nose tackles svelte, just look at VinceWillfork’s hydrodynamic physique.

    Still, he is immensely fat, therefor he is not “fat”, he is “disabled”. The Patriots should be required to start him, buy him a Rascal, and build him an access ramp to the A gap. This is still America, right?

  25. jrebar88 says: May 16, 2013 9:16 AM

    Im sure one of the AFC East teams would love to have him. Patriots are the lowest form of SCUM.

  26. jack3dsd says: May 16, 2013 9:17 AM

    the hoodie don’t care about “rights”

  27. ug2f7683 says: May 16, 2013 9:17 AM

    Belichick nor the Patriots owe you or anyone else an explanation. They felt he was unable to do his job due to his medical condition and recent weight loss. PERIOD! As stated in an earlier piece, NFL players are employees at will and can be cut at any time for any reason. End of story.

  28. xsherr says: May 16, 2013 9:18 AM

    If this is true, it’s absolutely disgusting on the part of the pats.

  29. jimbo75025 says: May 16, 2013 9:18 AM

    Stay classy New England……

  30. sterling7 says: May 16, 2013 9:19 AM

    It’s not a desk job-would you keep someone with diabetes on your NFL roster? Heartless as it seems you can’t keep him because he has diabetes.

  31. papazoid says: May 16, 2013 9:21 AM

    or maybe he wasn’t good enough…….what’s next, protecting players who have asthma, hearing loss, vision loss, depression, Arthritis, Alcohol addiction, Anxiety, Sleep Apnea……I could go on.

  32. pats2001 says: May 16, 2013 9:22 AM

    when i heard about this on the radio this morning, one of the first things that came to mind was how long it would take Preacher Florio to give his two cents about this.

    this site is still a great source of info. but it’s also teetering on absurd, mostly from preacher man himself. 9 out of 10 times i can figure out if florio writes a post based on the title of it alone. you need to relax with your pursuit of becoming the next Bob Ley and Outside the Lines.

  33. unfortunatelyabillsfan says: May 16, 2013 9:24 AM

    That’s a tough situation for either party to be in. Although there’s plenty of jobs where if it’s a physical labor job and an employee can’t perform the task, they’re let go. Sounds harsh but that’s reality.

  34. gopats51 says: May 16, 2013 9:26 AM

    Mike Reiss on ESPNBoston has been reporting that Love would be fighting for a roster spot since the season ended. They just signed Tommy Kelly and CFL standout Armond Armstead. Could it be that they cut him early so he can latch on with a new team and not mis any offseason activities? Just because an agent says something doesn’t make it true.

  35. steelbreeze676 says: May 16, 2013 9:27 AM

    Keeping himself healthy should be a priority… not keeping himself in the NFL.

    And the Patriots may have decided he can’t be both at a healthy weight and effective.

    If that’s the case, it’s the moral thing to do.

  36. godofwine330 says: May 16, 2013 9:27 AM

    I hope he wins, too. That’s some dirty stuff to do. Coming from a guy who had to fight for his job when he came back from the war overseas I know about being done dirty (they tried to tell me the only position they had available was janitor, and I am far too intelligent to be a janitor-no offense to janitors).

    In the end, the Department of Labor got me my job back, and two months later I promoted to a different position outside that department. I hope he wins a lawsuit against those dirty rotten punks.

  37. cliffordc05 says: May 16, 2013 9:29 AM

    Is Titus Young’s mental condition covered by the the Americans with Disabilities Act? Would everyone be happy if the Patriots kept this guy around until the first round of cuts and then let him go? Another Forio non-story but a great opportunity for speculation and unfounded character assassination.

  38. mrpresident2 says: May 16, 2013 9:29 AM

    Belicheck did Love a favor. If he thought he wouldn’t make the roster, why not cut him now so he can catch on with another team? Makes sense to me.

  39. keepounding1234 says: May 16, 2013 9:33 AM

    Was it age discrimination when they wouldn’t offer Willie McGinest a new contract?

  40. patriots123456 says: May 16, 2013 9:33 AM

    If the Patriots thought Love could help the team he’d still be on it.

    That is the criteria for decision making by this organization.

  41. phinfan says: May 16, 2013 9:35 AM

    No lawyer here, but i believe they can claim he would be a liability if he died while at practice similar to that viking kid.

    In Pa there is a at will employer not sure how the state of mass works but in Pa they can let you go for whatever reason they want

  42. lightcleric says: May 16, 2013 9:36 AM

    So it would have been better to sit him on the bench and never use him instead of possibly letting him compete for a starting job elsewhere?

  43. Dolphins Nation says: May 16, 2013 9:38 AM

    The speculation about the Patriots cutting defense tackle because of his diagnoses of type two diabetes is alarming to a-lot of people. However, to suggest that it falls under the American with disabilities act is just as alarming if not more. You cannot hide behind a law to guarantee employment. Football is a performance based industry and it requires health and physical stamina. Your ability to perform is a requirement in the NFL, so to think that if you have an illness you can question your termination is shameful. Players get cut all the time in the NFL for various reasons. They might be over weight or can’t learn the playbook (ADHD or just plain stupid) or just not good enough. NFL teams reserve the right to keep the players they want to keep, so sorry Mr. Love you think you have problems, somewhere there is a turtle flipped over on its back and can’t get up. You think you have problems, screw your problems.

  44. timbuttrum says: May 16, 2013 9:39 AM

    First thing I thought of when I read about this. Wonder if there was language in the contract to protect the franchise when they cut (fired) Love. May have been a settlement as well.

  45. timbuttrum says: May 16, 2013 9:41 AM

    If Bret Michaels can still sing 80’s songs on credit score commericials with diabetes, then Love can certainly play football with diabetes. Shame on you Belicheat.

  46. ampats says: May 16, 2013 9:42 AM

    Congratulations ,another piece of sensationalistic journalism for the uneducated commenters to post on. Its gets old seeing the same posts on how the Patriots cheated to win their SB’s from a rule that was enforced in 2006 and the best one above is how Bill Belichick “manhandled” a referee.

    Florio is smart because anything about the Patriots/ BB will garner alot of hits

  47. clebrowntown says: May 16, 2013 9:42 AM

    Why are you all ignoring the humongous elephant in the room? The source of this story is the guy’s agent!!!!
    That fact should be raising issues with this “story”.

    While I would love to see BB screw himself with this kind of blatant, arrogant idiocy, even I can’t believe he’d be so damned stupid.
    That brings me back to the agent…his clients $750,000 salary commission is the reason he spinning it with the He’s a victim line.
    For the record…I’m a type 1 diabetic so I am well versed in the realities of D.
    If Love was cut for that reason and I seriously doubt it, I hope he nails the Pats to the wall and has his way with BB…like that’ll ever happen

  48. lifeinbewteen says: May 16, 2013 9:43 AM

    Lets use some logic. If you have diabetes, you need to lose weight or you may die. Love is a DT. DT’s need to gain weight. If BB, keeps him and makes him keep is weight on, he is a villain for caring more about winning than Love’s health. If he cuts him, he is ruthless (although probably helping to save his life). BB cannot win either way especially with media wating like usual to jump down his throat, but never let logic and truth get in the way of a good story.

  49. micknangold says: May 16, 2013 9:47 AM

    This is implying that if a player gets a completely avoidable disease that the team should be stuck with him. That doesn’t seem fair to the team.

  50. marima07 says: May 16, 2013 9:48 AM

    The Pats just cut Ron Brace, Myron Pryor and Brandon Deaderick – their entire 2012 DT depth chart except for Pro Bowler Vince Wilfork.

    Every major sports news outlet has reported on the Patriots bottom of the league defense since 2009. So, the Patriots completely revamp their cornerbacks, safeties, DEs and OLBs and now their defensive tackles. But the ONLY reason possible for releasing Love was because he was diagnosed with Diabetes. Oh, and because the Belichick is a jerk.

    He was an undrafted player, brought in and coached up well by the Pats for three years. The injury that took him out of the AFCCG hurt big time. Obviously there’s more to the story than a simple diagnosis – which hasn’t stopped the Pats from picking up medically-uncertain players in the past.

  51. kingsforever says: May 16, 2013 9:49 AM

    He was never a great player, getting cut was always a possibility for him.

  52. denverwally says: May 16, 2013 9:51 AM

    Another fair and balanced Mike Florio column. “Hey, I don’t know why the Pats cut Love but you know, that head coach is hated around the league (and by me, clearly) so there may be something illegal going on here”. Yea, great analysis Florio. If you hadn’t noticed, they cut Brandon Deaderick earlier this week too. It’s called cleaning house. They are tired of getting no push up the middle in passing situations. They are turning over the defensive line with the plan of collapsing the pocket. Love had exactly 1.5 sacks, not exactly a runaway freight train. They brought in Tommy Kelly and Armond Armstead, two guys who have proven they can put pressure on the QB from the interior.
    Love plays at 315 pounds. All he can do is stuff the run. For him to control his diabetes he needs to drop a tremendous amount of weight, below 280. There aren’t too many 280 pound nose tackles making a living in the league for good reason. There are linebackers bigger than that. Its a shame that this happened to Kyle, but its called life in the NFL. If someone has a leg amputated, is it wrong for the team to release them?

  53. ijahru says: May 16, 2013 9:53 AM

    Hey Mike google Vince Wilfork and diabetes then tell us if the Patriots would ruthlessly and in your words “illegally” cut a player with diabetes. And the Patriots don’t “owe” you an explanation for their actions. Try to do what real journalists do and work sources to get the story straight instead of throwing crap against the wall to see what sticks.

  54. moeman79 says: May 16, 2013 9:53 AM

    probly just pay him out his contract and move on, better than bad press

  55. clebrowntown says: May 16, 2013 9:56 AM

    So since the disease is completely avoidable according to your logic then how can the Pats use it as an excuse to cut him? Using your own logic he simply needs to change his diet and probably change any existing bodyfat to muscle. Simple adjustments to his behaviors will improve both his health and his performance

  56. wimperd says: May 16, 2013 9:56 AM

    I Really doubt that the diabetes was the reason. Matt Light dealt with Crohns disease and they didn’t cut him.

    I guess the Pats are making a change on the line, hence the cutting of Love and Deaderick.

  57. milesrunner262 says: May 16, 2013 9:57 AM

    If my understanding of the ADA is correct then there are 2 issues here: 1) this is a medical condition not a disability and doesn’t fall under the scope (although I believe there are laws against firing for medical conditions, the ADA isn’t one of them), and 2) the ADA only covers a person if they are also still capable of doing that job. Don’t see many disabled nurses for example. It stinks if his diabetes is the reason but if it prevents him from doing his job properly, or opens them up to potential liability, then I believe they are in the clear.

  58. murraysons says: May 16, 2013 10:00 AM

    Let’s make everybody happy and get a blind, gay dude with diabetes into the league. Progress!

  59. ravenution says: May 16, 2013 10:15 AM

    And you wonder why tragedies always happen in Boston and New York? Because the people there are wicked and evil. They reap the evil they sow.

  60. homelanddefense says: May 16, 2013 10:19 AM

    I wish this site would stick to copying and pasting other writers articles. Anytime you try to add original thought it comes out terribly.

  61. olinered77 says: May 16, 2013 10:27 AM

    While I doubt the Pats cut him just for diabetes it wouldn’t matter if they did. ADA doesn’t apply to the NFL as the collective bargaining agreement supersedes it. If ADA applied to the NFL it would be illegal to cut a player for any injury.

  62. toybkshr says: May 16, 2013 10:31 AM

    The poster above hit this right on the head, they signed a player with Cancer (after the other 31 teams pased on him multiple times), kept Bruschi after the stroke, and signed Armsted who couldn’t play his last yr at So Cal beacause of a heart condition, then they didn’t cut Love because of the diabetes. More likely they saw enough so far this off season to realize he wasn’t gonna beat out Kelly, Armstead, or even 1 or 2 of the UFA’s they have.

  63. nickswearsky says: May 16, 2013 10:31 AM

    Jay Cutler plays with type 1 diabetes. But, everybody know what a softie he is.

  64. malab377 says: May 16, 2013 10:41 AM

    And next, some other team is making the decision to cut a black player. Let’s talk about racism!

  65. deathmonkey41 says: May 16, 2013 10:44 AM

    No worries- Goodall will be a good lapdog and have all the evidence destroyed again.

  66. murraysons says: May 16, 2013 10:53 AM

     ravenution says:May 16, 2013 10:15 AMAnd you wonder why tragedies always happen in Boston and New York? Because the people there are wicked and evil. They reap the evil they sow

    You sir are an idiot. Let’s blame 9/11 and the Marathon bombing on a football team cutting a player.

  67. clssylssy says: May 16, 2013 10:53 AM

    Your source is his agent? Wonder if he just might have an agenda? I seriously doubt that the Patriots are dumb enough to publically state that they are cutting a player because he has diabetes or any other ailment. The press seems to have forgotten the first rule of journalism in verifying information and fans are getting tired of this “National Enquirer” tabloid type sports writing, that is all that is available these this off season. By the time preseason rolls around, fans will be already sick of all of this bad acting and drama…come’n man, you can do better, balance out your story with facts from both sides! Agents and unnamed sources…Pfft!

  68. jay66666 says: May 16, 2013 11:01 AM

    I have to agree with a number of the later posters that there is so much more to this story than what THE AGENT is saying. I put that in capitols because that is an important part of this. The source is the agent and giving HIS TAKE on what happened. VERY typical to lie and give HIS take on what happened and to play to the Patriot haters. The chorus is whining now as planned. If people wish to believe scumbag agents then do so. Reality is there are other reasons to why the Pats made the move. And guess what…they do not need to explain.

  69. rubicon202 says: May 16, 2013 11:08 AM

    I like how my comments on articles about the author always get deleted….well delete these!

  70. bleedsoe9mm says: May 16, 2013 11:39 AM

    is being too fat a disability , massive run stuffing DT are dinosaur and bb is getting the defense smaller and fast , no offence to the fatties

  71. cliverush says: May 16, 2013 11:43 AM

    To the idiot fan of the Ravens, your sense of inferiority is showing.

  72. yem123 says: May 16, 2013 11:46 AM

    I want to first say I am very sensitive to those with diabetes. It runs in my family, and I have seen loved ones adversely affected by it.

    That said, how is this different from a team cutting someone who has injury issues? Take a guy who keeps having knee surgeries and can’t make a team due to his physical ailments.

    If you say maybe he was born with this, or it was not something he could prevent… what about a 5’9″ QB who never makes it because he is too short? Or a WR who just doesn’t have separation speed? I do not want to sound insensitive but I just do not see how legally this would be any different.

    Football is a physical game, and if the player has a condition that affects his play, then that factors into whether or not he is on a team.

  73. eessppnn says: May 16, 2013 11:47 AM

    Ok so he lets a player go and does so to allow him plenty of time to catch on with another team! Which the Patriots have to their own credit always done. As opposed to let him drag along unsure of his status to make this team, and cut him in the latest possible date???
    What a jerk?? LOL
    Remember drug addiction is a disease and mental illness who’s crying for Titus or The Jags receiver??
    People are begging he gets axed.
    As a player if I am not going to make a team, the team by the way that put me in the NFL undrafted I would thank them and move on.
    Keep hating

  74. mazblast says: May 16, 2013 11:48 AM

    andreweac is right. There may be HIPAA concerns here that preclude the Patriots from releasing any information.

    That said, I doubt that this is the case. Belichick is being Belichick, running roughshod over things mere mortals observe, such as rules and common decency.

    Still, knowing your owner plays figurative kissy-face with the Commissioner, knowing you can get away with anything without penalty or even inquiry, and STILL being unable to win a title without cheating (or at all for the last eight years), must make Belichick even more grouchy than normal.

    Despite the callousness, I’m taking the stance that while this LOOKS bad, we should let it play out. For all I know, the Patriots could well have had other reasons for cutting Love.

  75. jprcox says: May 16, 2013 11:59 AM

    Yeah, but the NFL is ultra-critical of every player’s physical condition – which normal jobs wouldn’t provide a means to be fired from.

  76. yisrael8 says: May 16, 2013 12:00 PM

    It’s funny love was never a great player he was a backup player used to plug a hole now we have fresh legs and great potential via draft the business of the NFL plan and simple why make a mountain out of a mole hill for the record markus cannon had cancer almstad comes in after heart attack elderman is signed even though proven fragile what’s wrong I guess it’s just something to talk about smh

  77. coolgato13 says: May 16, 2013 12:06 PM

    Shame on the Patriots. This is disgusting. I hope he comes back on another team to haunt them.

  78. yisrael8 says: May 16, 2013 12:09 PM

    I am so happy others echoed what I said this was a weak story line pats haters could vent their hatred but one thing is consistent they beat your team last and will dominant again this year and I plan to enjoy every minute of it :-)

  79. vgferenzi says: May 16, 2013 12:15 PM

    Diabetes is considered a disability under ADA when it substantially interferes with one or more of life’s activities. At which point the employer is required to work with the employee to come up with a reasonable accommodation to allow that employee to do his or her job.

    Since the player and his agent have stated that he has NO limitations and will be 100% he by definition and law has NO disability.

    Since he said that he will be able to participate fully the employer was not required to, nor did they need to, make ANY reasonable accommodation.

    Since the Patriots have cut virtually their entire defensive line including the DT Love rotates with just a week ago, this follows a pattern of change in defensive philosophy and NOT a pattern of discrimination.

    I can’t stand the Patriots, but Florio’s continued stance of always attacking management to curry favor with players lacks integrity. This site is turning back into the tabloid it was when it started. I understand that teams will always talk to media as a blanket statement so it makes business sense to be seen as “a player’s reporter” but your journalistic integrity disappeared long ago. From misleading headlines, to phantom stories, and even deleting reader comments to change the perception of what public opinion is…you sir are a hack.

  80. CKL says: May 16, 2013 12:19 PM

    mazblast, it’s stunning to me how decent of a poster you are on any topic but the Pats. I don’t get it. Do you buy half your team’s cameragate whining or what?

    Love himself on his twitter was very classy and said he’d be fine. I doubt highly he’d be tweeting positive things about the team if he were discriminated against. But thanks all you people who jumped to conclusions because of what his AGENT said.

    I usually don’t complain about post topics because I can just skip them if I don’t like them but this one is a pretty outrageous stretch in my book. Maybe if the writer tears his bicep stretching to write this, his employer will be more inclined to put him on IR instead of releasing him. :P

  81. Logicalvoice says: May 16, 2013 12:20 PM

    Is his type 2 diabetes a “permanent disability”? If it can be “cured” by losing 50 pounds and changing his diet it isn’t. If it isn’t ADA doesn’t apply.

    Before you advocate a lawsuit or disciplinary action you would have to know whether a doctor classified it as a “permanent disability”. So unless Love releases that information from his doctor you’ve put the cart way before the horse.

  82. lombardisshineinfoxborough says: May 16, 2013 12:27 PM

    In case anybody forgot, the Pats drafted a guy with Lymphoma two years ago, so I doubt it’s as simple as kicking Love to the curb because of his diagnosis, but hey, let’s not take away another straw for the Patriots-haters to grasp at!

  83. scotrugby says: May 16, 2013 12:31 PM

    Not sure about the MA laws, but the Americans With Disabilities Act states that the employer has to make “reasonable” accommodations for the employee with the disability.

    If Love’s doctor is recommending that he drop a substantial amount of weight in order to be healthier and the requirement of his position is such that losing that weight prevents him from performing at that position, then it’s tough to see this as discrimination.

    However, should the Patriots have offered to keep him, but switch him to a position that has a lower weight requirement (LB comes to mind). Does that put them in jeopardy of discrimination lawsuits if they did not offer this option? I don’t know.

    This is a pretty fascinating case though.

  84. garyhd01 says: May 16, 2013 12:34 PM

    what I heard they gave him 2 choices retire or get cut either way its off to the unemployment line you get nothing more from us even if this all turns out to be wrong I still dislike belichick and everything he stands for from spygate against the rams (having a spy watch our walk through b4 the superbowl . then getting a slap on the wrist but getting to keep the Lombardi trophy. many rams fans and players felt it should have been theirs as for the perceived greatness no superbowls in 10 years after they got caught the pats have been almost always better than my rams that I will not dispute except that one time when it counted most the pats couldn’t help themselves they just had to cheat

  85. j4man1 says: May 16, 2013 12:47 PM

    The real funny thing is how irrelevant the patriots are about to become. BB knows this and this is why he doesn’t want to take chances, although I know a diabetic can control his condition and probably wouldn’t effect his play. bb is a cheat and is heartless do you really expect anything more from him?

  86. lombardisshineinfoxborough says: May 16, 2013 1:09 PM

    garydh01, you do realize that the story about filming the walk through was bogus, right? The many reasons the Rams lost that game have been repeated so many times on this site it’s not worth typing again, but I will mention one yet again-you lost because of Mike Martz’s arrogance in coaching that game and refusing to use Faulk correctly, plain and simple. Seriously man, get over it.

  87. thejohnsmith1122 says: May 16, 2013 2:05 PM

    andreweac says:
    May 16, 2013 9:07 AM
    HIPAA mandates the team not discuss a player’s health issues. Suggesting a team violate HIPAA is pretty stupid legal advice.

    ———————————-

    Why is it stupid advice when HIPAA doesn’t apply to teams? Maybe the team doctors but not team management or other employees. There might be other concerns in terms of law suits but not under HIPAA.

    So please go back and learn HIPAA and who it applies to before you call others stupid.

  88. vgferenzi says: May 16, 2013 2:30 PM

    andreweac says:
    May 16, 2013 9:07 AM
    HIPAA mandates the team not discuss a player’s health issues. Suggesting a team violate HIPAA is pretty stupid legal advice.

    ———————————-

    Why is it stupid advice when HIPAA doesn’t apply to teams? Maybe the team doctors but not team management or other employees. There might be other concerns in terms of law suits but not under HIPAA.

    So please go back and learn HIPAA and who it applies to before you call others stupid.

    HIPPA applies to anyone with access to the information, not just healthcare workers. The team, just like any other employee, co-worker, or anyone else is subject to HIPPA and you DO NOT have to be aware that you are violating HIPP to be levied a fine:

    the maximum penalty for a HIPAA violation comes to $1.5 million while the assessed penalty relates to the level of culpability characterizing the violation. This includes:

    When the covered entity or business associate is unaware of the violation and would not have known of the violation by exercising reasonable due diligence, a civil penalty of $100 to $50,000 per violation could be distributed.

    If reasonable cause leads to a violation, the civil penalty could come to $1,000 to $50,000 for each violation.
    Following a violation of willful neglect that has been corrected within 30 days of discovery, a civil penalty could total $10,000 to $50,000 per violation.

    For a violation of willful neglect that was not correctly addressed within the required time frame, the civil penalty could be $50,000 to $1.5 million per violation.

    thejohnsmith1122 :

    You should learn about HIPPA, and anything in general, before you correct others and look stupid.

  89. thirdistheworrd says: May 16, 2013 4:01 PM

    Shockblast Media says: May 16, 2013 9:11 AM
    That said, it is heartless and frustrating. Maybe they should have just strung him along for a while just so they didn’t look bad? Is there even such a thing?
    ______________
    No. That’s not how professional sports should work. Hiring and firing needs to be based on merit, not PR. The NFL has no need to employ anyone but the best athletes in America.
    If Love has standing to sue, don’t I also have standing to sue, on the grounds that I was denied work by NFL due to my lack of size, speed, and athleticism?

  90. thirdistheworrd says: May 16, 2013 4:09 PM

    bleedsoe9mm says: May 16, 2013 11:39 AM
    is being too fat a disability , massive run stuffing DT are dinosaur…
    _________________
    No. Massive, fat run stuffing DT’s are still and will continue to be the key element of many defenses. Their job is not to chase the small, fast guys, but rather clog the lanes where the small, fast guys want to run, and help the fast, athletic guys on the defense chase them down.

  91. thejohnsmith1122 says: May 16, 2013 6:07 PM

    @vgferenzi….

    I see you used the term Covered Entity and Business Associate. Find out the definition of each of those and come to tell me HIPAA applies to NFL teams.

    Well, actually before you make YOURSELF look even more stupid, I’ll answer that for you. HIPAA only applies to Covered Entities or their Business Associates (help them run certain business functions). CEs are basically your health care providers, insurance companies, and health care clearing houses.

    For example – once you release your medical records to an employer, attorney, etc. then they can do whatever they want with it. Obviously you can sue them for damages or what not but it’s no longer covered under HIPAA and any penalties related to it are not applicable.

    So tell me now, which employee from the Patriots organization falls under this description? The team doctor.

    Like I said, the only person or “class” of persons HIPAA might potentially apply to is the team doctor.

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