New England Patriot wide receiver Terry Glenn was cleared to sue the NFL on Monday regarding his complaint that the league failed to consider his chronic depression when he was suspended four games for violating its substance abuse policy.
In a charge filed with the Equal Employment Opportunity Commission in Buffalo, Glenn argued that he missed a drug test because of depression, which is a federally recognized disability under the Americans With Disabilities Act.
Glenn's agent, James Gould, said he received a "right to sue" letter from the EEOC on Monday. The EEOC procedure, designed to discourage frivolous lawsuits, does not take sides in the case; it merely acknowledges that the claim, if true, could be a violation of the law.
Glenn has 90 days to decide whether to file a lawsuit, Gould said.
"We're trying to work it out with both the NFL and the Patriots and find a peaceful resolution," he said. "If we sue, I am certain we would prevail."