NEW YORK – Claims that Black coaches face discrimination in the National Football League can go to trial, a federal appeals court ruled Thursday, rejecting the league’s request to force Brian Flores and other coaches into arbitration.
The 2nd U.S. Circuit Court of Appeals affirmed a ruling from the lower courts that will allow Flores to pursue his claims against the NFL, the Denver Broncos, the New York Giants and the Houston Texans.
In the ruling, Judge Jose A. Cabranes said the NFL’s arbitration agreement, which would require Flores to plead his case in front of NFL Commissioner Roger Goodell, “fails to bear a passing resemblance to ‘traditional arbitral practice.'”
Cabranes called the league’s arbitration agreement “unworthy even of the name arbitration” because it does not allow an independent forum for disputes to be decided.
What they’re saying:
“Ultimately, in matters of procedure, as in matters of substance, the NFL Constitution’s arbitration provision bears virtually no resemblance to arbitration agreements as envisioned and as protected by the [Federal Arbitration Act],” Cabranes said.
The backstory:
In February 2022, Flores sued the NFL and several teams, claiming racial discrimination ran rampant through the league’s hiring process, particularly against Black coaches.
Flores had been fired as head coach of the Miami Dolphins after three seasons. He interviewed for head coaching positions with the Giants and Texans shortly after. He was not chosen for either job.
Flores currently serves as the defensive coordinator for the Minnesota Vikings. He previously worked for the New England Patriots, Miami Dolphins and Pittsburgh Steelers.
Flores claimed the decision was based on racial discrimination and retaliation. Specifically, Flores claimed his interviews with the Giants and Broncos were only held to comply with the Rooney Rule, which requires NFL teams to interview at least two minority candidates for head coach, general manager, and coordinator positions.
Two other coaches would later join the lawsuit.
In 2023, a New York judge ruled Flores’ claims against the Texans, Giants, Broncos and the league could move forward to trial.
According to the Associated Press, Judge Valerie Caproni wrote that the descriptions by the coaches of their experiences of racial discrimination in a league with a “long history of systematic discrimination toward Black players, coaches, and managers — are incredibly troubling.”
The claims brought by the other coaches, Steve Wilks and Ray Horton, were ordered to go through arbitration.
