The NFL has suffered a setback in its attempt to handle a racial discrimination lawsuit internally. The Supreme Court has declined to hear the NFL’s appeal, meaning Brian Flores’ lawsuit can proceed in federal court.
Flores’ Discrimination Claims
Brian Flores initiated legal action against the NFL and three teams – the Miami Dolphins, New York Giants, and Denver Broncos – in early 2022. Flores alleges systemic racial discrimination within the league. He was joined in the suit by Steve Wilks and Ray Horton.
Flores claims the league discriminated against him and other Black coaches. He says they were denied coaching and general manager positions based on their race.
The lawsuit came after Flores was fired as head coach of the Dolphins. Over three years, he led the team to a 24-25 record. He had interviewed for coaching jobs with the Giants and Broncos, but was not hired.
NFL Push for Arbitration Rejected
The NFL and its teams sought to compel arbitration in response to the lawsuit. They cited the coaches’ employment contracts and a provision in the NFL Constitution. This provision gives the NFL commissioner, Roger Goodell, the authority to arbitrate disputes between coaches and member clubs.
Flores opposed arbitration, arguing that Goodell is inherently biased. He argued that Goodell reports to the clubs, and has financial incentives and a professional obligation to act in the league’s best interest.
A federal judge allowed some of Flores’ claims to proceed in open court. The U.S. Court of Appeals for the Second Circuit affirmed that decision.
The League’s Argument and the Court’s Decision
Lawyers for the NFL called the Second Circuit’s decision “unprecedented” in their appeal to the Supreme Court. They argued that lower courts have long upheld the authority of sports league commissioners to serve as the default decisionmaker in disputes.
Flores’ lawyers countered that the Second Circuit’s ruling aligns with other circuit court decisions. They argued that an employer cannot force employees to arbitrate workplace discrimination claims before the employer’s chief executive.
The Supreme Court declined to review the lower court decision. Justice Brett Kavanaugh said he would have heard the case.
The case will now proceed in federal court, rather than in arbitration where Commissioner Roger Goodell would serve as the decisionmaker.