The 2nd U.S. Circuit Court of Appeals in Manhattan on Thursday ruled that Brian Flores can take his discrimination case against three NFL teams to trial. The ruling upheld the decision in a lower court by Judge Valerie Caproni.
The NFL had asked the Court to overturn the ruling and force Flores to try his case in the NFL's in-house arbitration system -- one which essentially allows commissioner Roger Goodell to serve as judge, jury and executioner. The 2nd Court found that the NFL was not protected by the Federal Arbitration Act because theirs is "arbitration in name only" that "contractually provides for no independent arbitral forum, no bilateral dispute resolution, and no procedure. Instead, it offends basic presumptions of our arbitration jurisprudence" by forcing claims to the NFL's "principal executive officer," according to the Associated Press.
"We respectfully disagree with the panel's ruling, and will be seeking further review," the NFL said. Caproni ruled in 2023 that the NFL could compel Flores into arbitration.
"For too long, the NFL has relied on a fundamentally biased and unfair arbitration process -- even in cases involving serious claims of discrimination. This ruling sends a clear message: that practice must end. This is a victory not only for NFL employees, but for workers across the country -- and for anyone who believes in transparency, accountability and justice," Flores's attorneys said.
Flores spent 2008-18 with the New England Patriots before landing the head coaching job with the Miami Dolphins in 2019. He went 24-25 and was let go after three seasons. On Feb. 1, 2022, Flores filed a lawsuit against the New York Giants, Denver Broncos and Houston Texans, alleging racial discrimination. He claimed he received a text message from Bill Belichick informing him the Giants had decided to hire Brian Daboll five days before his scheduled interview, that the Broncos brought him in for a sham interview, and that Dolphins owner Stephen Ross offered him money to lose games and pressured him to tamper with then-Patriots quarterback Tom Brady. Flores claimed the NFL was "rife with racism" in its treatment toward Black coaches.
The NFL found in 2022 that the Dolphins were guilty of tampering and docked the club its 2023 first-round pick and a third-round pick in 2024.
Meanwhile, Flores is still coaching. He spent 2022 as a senior defensive assistant with the Pittsburgh Steelers and is now entering his third season as the Minnesota Vikings defensive coordinator.
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