Supreme Court Upholds Federal Court Decision in NFL Racial Discrimination Case

The Supreme Court has decided not to hear an appeal from the NFL that sought to move racial discrimination claims by a Black coach out of federal court and into arbitration managed by the league.

This decision leaves intact a lower court ruling allowing Brian Flores, formerly the Miami Dolphins head coach and now a defensive coordinator for the Minnesota Vikings, to proceed with his case in federal court rather than through NFL Commissioner Roger Goodell’s arbitration process.

The New York Giants, Denver Broncos, and Houston Texans sought to shift the proceedings to arbitration. Flores, aged 45, charges the NFL with systemic bias against Black coaches.

In his 2022 lawsuit, Flores alleged that both the league and various teams have violated federal and state laws by discriminating against Black coaching and management job candidates. He filed the suit after his firing from the Dolphins, despite back-to-back winning seasons.

Flores claims he was subjected to “sham interviews” by the Giants and Broncos intended solely to fulfill the Rooney Rule, a policy implemented in 2003 to ensure minority candidates are interviewed for coaching jobs. The rule was introduced in response to the notably low number of minorities in head coaching roles in the NFL.

Joining Flores in the suit are Steve Wilks, formerly the head coach of the Arizona Cardinals, and Ray Horton, a former NFL assistant coach.

The lawsuit demands the NFL implement measures to encourage the hiring of Black coaches and managers and requires teams to provide written explanations for hiring and firing decisions.

The NFL has denied allegations of racial discrimination, suggesting that the lawsuit either lacks merit or should proceed to arbitration.

In 2023, a federal judge in New York ruled that Flores could pursue his claims of discrimination against the league and the mentioned teams in court, although some elements of the case would go to arbitration.

The 2nd U.S. Circuit Court of Appeals affirmed that key aspects of Flores’ case should remain in federal court. The court found the NFL’s arbitration provision, which gives Goodell sole authority to arbitrate disputes, to be “plainly unenforceable” as it does not constitute meaningful arbitration.

An arbitration clause that mandates disputants submit to the authority of an adverse party’s principal executive officer only offers arbitration in name, not in practice.—Judge Jose Cabranes, 2nd Circuit Court of Appeals