Minnesota Vikings defensive coordinator Brian Flores’ discrimination lawsuit against the NFL is cleared for litigation following a Supreme Court decision not to hear the league’s appeal to use closed-door arbitration to settle the matter.
Internal arbitration is part of the NFL Collective Bargaining Agreement with players. A ruling from the U.S. Circuit Court of Appeals in August rendered the arbitration process improper for settling Flores’ employment matter in August, stating NFL commissioner Roger Goodell lacked the “independence” to rule under the Federal Arbitration Act.
The Supreme Court ruling was essentially the justices — minus dissenting Brett Kavanaugh — agreeing not to intervene in the matter and clearing it for trial. The NFL openly argued for their arbitration process to be applied, which would eliminate the risk of public discovery common in lawsuits that could make potentially damaging internal messaging public if heard in court.
Attorneys Douglas H. Wigdor and David Gottlieb, representing Flores and the plaintiffs, celebrated the decision Tuesday.
“The NFL must now accept that its commissioner cannot be the arbitrator over discrimination claims against the league and its teams,” the legal team from Wigdor LLP said in a statement. “We look forward to litigating these claims in court.”
Flores, who is Black, filed the suit in February 2022 accusing three teams of systemic racism and discrimination. The former Miami Dolphins head coach added longtime NFL coaches Steve Wilks and Ray Horton, both of whom are also Black, to the lawsuit two months later. Wilks was head coach of the Arizona Cardinals for one season and Horton was a defensive assistant who rose to the coordinator role but not beyond.
Flores initially filed the suit against the Dolphins, New York Giants and Denver Broncos and his legal team added subpoenas for more than 25 NFL teams. The trio asserts Black coaches were denied typical opportunities afforded coaches with similar or lesser experience based on their race and denied them coaching and general manager jobs.
He also claims the Houston Texans opted to no longer pursue hiring him in retaliation for his suit filed against the league.
US Circuit Court Judge Jose Cabranes said the current NFL arbitration process “contractually provides for no independent arbitral forum, no bilateral dispute resolution, and no procedure.”
The Dolphins fired Flores following a 24-25 record in three seasons and he interviewed for vacancies with the Giants and Broncos. The Giants instead hired former Patriots assistant coach Brian Daboll. At the center of the initial suit filing was Flores’ disclosure of what he said was an accidental text message from then-Patriots coach Bill Belichick offering congratulations for receiving the Giants’ coaching job.
The NFL’s Rooney Rule mandates including a minority candidate in the interview process for head-coaching and GM openings.
Flores received the text message two days before he formally interviewed for the vacancy on Jan. 27, 2022, which he asserts was proof the Giants had already settled on hiring Daboll and brought him to New York only to be in compliance with the minority-inclusive Rooney Rule.
