Brian Flores’s discrimination lawsuit against the NFL, the New York Giants, the Houston Texans, and the Denver Broncos is heading to court.

According to NBC Sports, the U.S. Court of Appeals for the Second Circuit denied a request by the league for an “en banc” (full court) review of the August 2025 decision from a three-judge panel. 

In September 2025, Flores filed a separate motion in federal trial court for reconsideration of the “original order sending Flores’s claims against the Dolphins to arbitration.”  Flores’ claim centered on the August 2025 appellate, which invalidated” the Commissioner’s ultimate control over arbitration claims filed against the NFL.” The motion argued that the arbitration process has been stalled since November 2024. Additionally, the motion includes the claims of Steve Wilks against the Cardinals and Ray Horton against the Titans.

The Flores case was filed in February 2022, alleging racial discrimination in the league's hiring and retention practices for coaching and management positions. According to the suit,  Black coaches and candidates are routinely held to higher standards and are often subjected to "sham" interviews to comply with the NFL's Rooney Rule, which requires teams to interview minority candidates for open leadership roles.

In the suit, Flores accused the Giants and Broncos of not being serious about considering him for their head coaching positions. He also alleged that he was fired by the Dolphins for refusing "tank" games for a better draft pick per the team owner's instructions, although he had back-to-back winning seasons.

Eventually, Wilks and Horton joined the litigation with their claims.

Flores currently serves as defensive coordinator for the Minnesota Vikings, and Wilks was hired earlier this year to be the New York Jets’ defensive coordinator.