. >> reporter: attorney sy smith represents both henry and davenport. >> whenever a clinician, a neuropsychologists to use something other than black norms for black players, white norms for white players, the nfl has consistently attacked those clinicians because they haven't used those black norms for black players. >> reporter: emails obtained by abc news appear to show multiple clinicians agreeing with that assessment. several neuropsychologists who work with the nfl privately discussing the lawsuit say they felt factoring for race was all but required under the program. one saying if they didn't use the racial norms, there would be multiple inquiries levied at them. another writing about their required reliance on racial norms that, quote, bottom line, do discriminate against black players. a third even expressing regret at, quote, their culpability in this inadvertent systemic racism issue and saying, as a group, we could have been better advocates. >> the two named plaintiffs in the lawsuit alleging discrimination got results based on a test that didn't include race that showed that they we