Order issued in Vikings Williams’ Trial.
The court found that NFL is the employer for purposes of DATWA. The court found that the NFL is a joint employer with the Minnesota Vikings.
The court also found that DATWA did apply to the NFL’s drug testing in the case. The court found that the DATWA confidentiality provisions were violated.
The problem for the plaintiff appears to be harm. Neither Kevin Williams nor Pat Williams made a strong case for their damages. The court writes, “Although, Defendants failed to comply with DATWA‟s three-day notification requirement, Plaintiffs testified that they did not suffer any harm as a result of the delay. “
Finally, the court found that neither Kevin Williams nor Pat Williams proved a breach of DATWA’s confidentiality by the NFL of a preponderance of the evidence.
The request for a permanent injunction prohibiting the NFL from disciplining the players was likewise denied.
One should not ignore these findings (#7 and #16):
“That Kevin has never taken steroids, performance enhancing drugs, or attempted to mask any banned substance.”
“That Pat has never taken steroids, performance enhancing drugs, or attempted to mask any banned substance.”
