The National Football League is facing potential legal action regarding allegations of discrimination against Brian Flores and other Black coaches, as ruled by a federal appeals court on Thursday. The court dismissed the NFL’s efforts to compel Flores into arbitration overseen by commissioner Roger Goodell.
The 2nd U.S. Circuit Court of Appeals in Manhattan upheld Judge Valerie Caproni’s decision, allowing Flores to move forward with claims against the NFL and three specific teams: the Denver Broncos, New York Giants, and Houston Texans. In a statement authored by Circuit Judge Jose A. Cabranes, the appeals court criticized the NFL’s arbitration rules, stating that they lack the protections of the Federal Arbitration Act and do not provide a legitimate arbitral forum.
The court highlighted that the NFL’s arbitration provision within its constitution fails to offer an independent platform for dispute resolution, bilateral engagement, or clear procedures. Instead, it mandates that claims be resolved by the NFL’s top executive officer, which the appeals court deemed contrary to established arbitration principles.
In response to the ruling, NFL spokesperson Brian McCarthy expressed disagreement and announced plans to seek further review. Attorneys Douglas H. Wigdor and David E. Gottlieb, representing Flores, emphasized the need to end the NFL’s biased and unfair arbitration practices, as highlighted by the court’s decision.
Flores initiated the lawsuit in February 2022, alleging systemic racism within the league, particularly in the recruitment and advancement of Black coaches. The lawsuit, initially filed by Flores and later joined by two other coaches, aims to progress as a class action lawsuit despite some claims being subject to arbitration based on contractual language.
Flores, currently serving as the defensive coordinator for the Minnesota Vikings, has a coaching history with the New England Patriots, Miami Dolphins, and Pittsburgh Steelers. Caproni, in a March 2023 statement, expressed concerns about the coaches’ accounts of racial bias in a league that has historically marginalized Black players, coaches, and managers. She highlighted the stark underrepresentation of Black coaches despite the significant Black player population in professional football.