FOXBORO, Mass. -- New England Patriots wide receiver Terry Glenn was cleared to sue the NFL on Monday on his complaint that the league failed to consider his chronic depression when he was suspended four games for violating its substance abuse policy.

	Glenn

In a charge filed with the Equal Employment Opportunity Commission in Buffalo, Glenn argued that he missed a drug test because of the ailment, 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, which is 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."

Neither the NFL nor the Patriots would comment on the complaint.

"I can't speak to those issues. As much as I would like to give you a lot of comments," New England coach Bill Belichick said, cracking a smile, "I just can't."

Asked how Glenn's depression was involved in the missed drug test, Gould deferred to Glenn's lawyer, Dane Butswinkas. Butswinkas did not immediately return a call seeking comment.

Glenn has missed the last two games with a hamstring injury. He was not in the Patriots' locker room on Monday during the 40 minutes it was open to reporters, though he was in the Foxboro Stadium parking lot beforehand, wearing sweat pants and a sweat shirt and sitting in a security cart talking on a cell phone.

The ADA, enacted in 1990, is best known in sports as the basis for Casey Martin's successful campaign to ride a cart on the professional golf tour. More generally, it bans job discrimination against the disabled and requires employers to offer reasonable accommodations to disabled people who are otherwise qualified to perform a job.

Glenn had been in the NFL's substance abuse program for three years after an initial positive test. He never failed a subsequent test, but earlier this year he was unavailable for a random test -- a violation of the policy -- and he was suspended four games on Aug. 3.

Because of the suspension, the team withheld most of Glenn's $9 million signing bonus. On the day the suspension was announced, Glenn left the team without permission and Belichick suspended him for the remainder of the season.

That suspension was overturned by an arbitrator, and Glenn returned in Week 5 to catch seven passes for 110 yards and a touchdown against the San Diego Chargers. Five other grievances -- including one seeking the return of his signing bonus -- remain unresolved.

"The (first) suspension was kind of like the bad tree that gives off the poisonous fruit," Gould said. "Everything followed from it."