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A civil lawsuit accusing the NFL of discriminating against Brian Flores and other Black coaches will stay in court rather than go to arbitration, the 2nd U.S. Circuit Court of Appeals in Manhattan ruled Thursday.
The federal appeals court upheld a ruling initially made by Judge Valerie Caproni in March 2023, which said two teams Flores accused of sham Rooney Rule interviews — the New York Giants and the Denver Broncos — and one he accused of retaliating against him for filing the lawsuit — the Houston Texans — will stay in court. NFL teams must abide by the Rooney Rule, the league’s policy that requires organizations to interview candidates from minority groups for head coach, general manager and executive positions.
In 2023, Judge Caproni also determined that “related claims” against the NFL could proceed in court as opposed to being settled through arbitration.
Thursday’s appellate decision, written by Circuit Judge Jose A. Cabranes, concluded that the NFL’s arbitration process in the claims against the league, Giants, Broncos and Texans is not protected under the Federal Arbitration Act. NFL Commissioner Roger Goodell would have been the arbitrator, which Judge Cabranes determined “unenforceable because the agreement fails to guarantee that Flores can ‘vindicate (his) statutory cause of action in (an) arbitral forum.’”
NFL spokesperson Brian McCarthy said in a statement, “We respectfully disagree with the panel’s ruling, and will be seeking further review.”
One month after his firing from the Miami Dolphins in 2022, Flores sued the NFL and several teams, writing that the league was “rife with racism, particularly when it comes to the hiring and retention of Black head coaches, coordinators and general managers.” Other coaches, including Steve Wilks, defensive coordinator of the New York Jets, and Ray Horton, former defensive coordinator for multiple NFL clubs, later joined as plaintiffs in Flores’ suit. Flores is entering his third season as defensive coordinator for the Minnesota Vikings.
Following Thursday’s decision, the NFL could request a rehearing of the case. If its request is denied, the league could appeal with the U.S. Supreme Court, which would choose whether to hear the case.
(Photo: Jamie Sabau / Imagn Images)