Most people filing a discrimination lawsuit against their employer probably wouldn't want the CEO as the arbitrator of the case. Former National Football League (NFL) head coach Brian Flores is definitely in that camp as he appeals a decision to the Second Circuit, seeking to have his case heard in federal court instead of by the league's commissioner.
Flores' lawsuit charges the NFL with multiple counts of race discrimination encountered during his attempts to be hired for head coaching positions. His appeal claims that NFL commissioner Roger Goodell, who is granted the right to arbitrate any claims by coaches who signed contracts under the NFL's constitution, is far too biased to be impartial.
Flores wants all his claims settled in federal courts. The NFL argues that they have the right to have any dispute or claim arbitrated by Goodell. Which party gets to do a celebratory end-zone dance will be determined by a Second Circuit Court of Appeals three-judge panel.
New Phone, Who Dis?
After posting back-to-back seasons with winning records as head coach of the Miami Dolphins, Flores was fired in January 2022 by the team's owner, Stephen Ross. Flores claimed this was due to his unwillingness to purposely lose games in his first season to get a better draft pick, stating that Ross had offered him $100,000 per defeat.
Flores was quickly contacted by the New York Giants, who needed a head coach. Two interviews were set up. On January 24, Flores received a text from New England Patriots coach Bill Belichick congratulating him on landing the Giants' head coaching job. The two then figured out that Belichick had intended to text Brian Daboll instead, who he had heard was getting the position.
The problem? Flores' interviews with the Giants were scheduled for January 26 and 27. Flores then went to the interviews for a job he knew someone else had already locked up. Why had the Giants done this?
Dancing Around the Rooney Rule
The NFL has faced accusations of discrimination many times. Named after Dan Rooney, owner of the Pittsburgh Steelers and head of the NFL's Workplace Diversity Committee, 2003's Rooney Rule required teams looking for a head coach to interview at least one minority candidate. The rule has since been expanded to two candidates and includes other coaching positions as well.
Flores, who is Black, filed suit against the Giants, the NFL, and all the other teams in the league. He alleged his interviews were shams and only conducted to meet the requirements of the Rooney Rule. The lawsuit claimed discriminatory behavior. Flores looked forward to his day in court. The NFL, however, had different ideas.
Our League, Our Rules
To play or coach in the NFL, a person must sign a contract. Doing so means agreeing to abide by the NFL Constitution. This contains an arbitration clause which states the following: "The Commissioner shall have full, complete, and final jurisdiction and authority to arbitrate: (E) Any dispute involving a member or members in the League or any players or employees of the members of the League."
The NFL's arbitration clause has been successfully challenged in court, but has been enforced on appeal more than once. Goodell, who has held the CEO/Commissioner position since 2006, is paid by the owners of the NFL's 32 teams. His compensation package is largely based on bonuses and incentives.
Flores argued that Goodell's best interests are focused on the owners' needs, making him incapable of offering an unbiased ruling. His discrimination lawsuit seeks injunctive relief against the alleged practices, certification as a class action, and damages as determined by the court.
The 2025 NFL season will start with six of the 32 head coaching positions filled by minorities. Flores is currently the defensive coordinator for the Minnesota Vikings.
Related Resources
- What Is Arbitration? (FindLaw's Learn About the Law)
- Can I Sue if I Signed an Arbitration Agreement? (FindLaw's Arbitration Law)
- Fans File Antitrust Suit Against NFL To Allow Teams on BlueSky (FindLaw's Legally Weird)
