The Supreme Court has turned down the NFL’s request to move a racial discrimination claim brought by Black coach Brian Flores out of federal court and into arbitration proceedings overseen by the league.
The justices declined to hear an appeal by the NFL and three of its teams. This appeal came after a lower court ruled that the NFL cannot force Brian Flores, the former Miami Dolphins head coach and current Minnesota Vikings defensive coordinator, to arbitrate workplace bias claims through a process overseen by NFL Commissioner Roger Goodell.
Flores’ Discrimination Lawsuit
Flores, who is 45, has accused the NFL of systematic discrimination against Black coaches.
According to his 2022 lawsuit, the NFL and several teams discriminated against Black candidates for coaching and management jobs. He claims this is a violation of federal and state laws. Flores filed the suit after being fired as head coach of the Miami Dolphins despite the team having a winning record for two consecutive seasons.
The teams involved in the appeal were the New York Giants, the Denver Broncos and the Houston Texans.
Flores alleged that during his career, he was asked to have “sham interviews” with the Giants and Broncos merely to satisfy a 2003 NFL policy called the Rooney Rule. The NFL adopted the Rooney Rule in 2003 in light of the historically low number of minorities in NFL head coaching positions.
Two more Black coaches, former Arizona Cardinals head coach Steve Wilks and former longtime NFL assistant coach Ray Horton, later joined Flores as plaintiffs in the lawsuit.
What Flores Wants From the Lawsuit
The lawsuit seeks to force the NFL to make a series of changes. It also aims to incentivise teams to hire Black coaches and general managers. Another aim is to require teams to explain hiring and termination decisions in writing.
The NFL has denied claims of racial discrimination. They responded to the lawsuit by arguing it should either be dismissed as lacking legal merit or else sent to arbitration.
The Courts’ Decisions
A New York-based federal judge in 2023 ruled that the NFL and the Giants, Broncos and Texans must face Flores’ claims of systematic discrimination against Black coaches in the league. However, other aspects of the case were sent to private arbitration.
On appeal, the 2nd U.S. Circuit Court of Appeals in 2025 agreed that some of Flores’ claims belonged in federal court. The 2nd Circuit ruled that a provision in the NFL constitution granting Goodell unilateral authority to arbitrate was “plainly unenforceable” because it would deny Flores arbitration “in any meaningful sense of the word.”
Judge Jose Cabranes wrote for the 2nd Circuit that an arbitration agreement that “compels one party to submit its disputes to the substantive and procedural authority of the principal executive officer of one of their adverse parties, is an agreement for arbitration in name only.”
The Supreme Court declined to hear an appeal by the league and three of its teams.