Brian Flores can proceed with his claims that he and other Black coaches in the NFL face discrimination after the 2nd U.S. Circuit Court of Appeals in Manhattan upheld Judge Valerie Caproni’s ruling. Flores has claims against the Denver Broncos, New York Giants and Houston Texans.
The federal appeals court found insurmountable flaws with a league arbitration process that would permit commissioner Roger Goodell to serve as arbitrator. The court stated that the NFL arbitration rules are a violation of the Federal Arbitration Act to explain why Flores and other coaches should be allowed to take their claims to trial rather than be forced into arbitration.
The 2nd Circuit stated the league’s constitutional arbitration provision “contractually provides for no independent arbitral forum, no bilateral dispute resolution, and no procedure,” per ESPN.
“Instead, it offends basic presumptions of our arbitration jurisprudence” by forcing claims to be decided by the NFL’s “principal executive officer,” the appeals court said.
In 2022, Flores sued the NFL and several teams while stating that the NFL was “rife with racism,” specifically in its hiring and promotion of Black coaches. Flores was later flanked by other coaches who joined the lawsuit as plaintiffs.
Despite his lawsuit, Flores has continued to find work in the NFL. The 44-year-old served on Mike Tomlin’s staff in Pittsburgh during the 2022 season and has spent the past three seasons as the Minnesota Vikings’ defensive coordinator. Flores started his NFL coaching career in New England, where he won four Super Bowls as an assistant on Bill Belichick’s coaching staff.
Minority hiring has long been an issue in the NFL. A study by the AP revealed that only 18% of the league’s new coaches from 2000-24 were Black. In that same span, 42% of head coaches who were fired after their first full seasons were Black.