Court of Appeals Rules The NFL Can Be Sued for Discrimination
Yesterday, the 2nd U.S. Circuit Court of Appeals in Manhattan ruled that the National Football League can be sued civilly over claims that Black coaches face discrimination.
According to AP News, the court rejected the NFL’s move to force Brian Flores into arbitration with its Commissioner Roger Goodell as the arbitrator.
Federal appeals Judge Valerie Caproni ruled that Flores can move forward with his claims against three teams: the Denver Broncos, the New York Giants, the Houston Texans--as well as the NFL as a whole.
This appeal stems from Flores’ February 2022, case, where he sued several teams, claiming that the NFL was “rife with racism,” particularly in its hiring and promotion of Black coaches.
Although Flores believed that he might have been risking his career by suing the NFL, it was worth it for generations to come, he said if he succeeded in challenging systemic racism in the league, as per AP News.
Flores has been the defensive coordinator for the Minnesota Vikings since 2023. Previously he coached the New England Patriots from 2008 to 2018, the Miami Dolphins from 2019 to 2021 and the Pittsburgh Steelers in 2022.
As per the decision written by Judge Jose A. Cabranes, the NFL’s attempt to force Flores to submit his claims to arbitration before Goodell do not have the protection of the Federal Arbitration Act because it “provides for arbitration in name only.”
The NFL constitution’s arbitration provision “contractually provides for no independent arbitral forum, no bilateral dispute resolution, and no procedure,” said the 2nd Circuit.
“Instead, it offends basic presumptions of our arbitration jurisprudence” by forcing claims to be decided by the NFL’s “principal executive officer,” the appeals court continued.
According to the attorneys representing Flores, Douglas H. Wigdor and David E. Gottlieb, the NFL has far too long relied on a biased and unfair arbitration process.
“This ruling sends a clear message: that practice must end.”
