NEW YORK — The NFL can be put on trial over civil claims that Brian Flores and other Black coaches face discrimination, a federal appeals court ruled Thursday, rejecting the league’s attempt to force Flores into arbitration with Commissioner Roger Goodell as the arbitrator.
The 2nd U.S. Circuit Court of Appeals in Manhattan upheld Judge Valerie Caproni’s ruling that Flores can proceed with claims against the league and three teams: the Denver Broncos, the New York Giants and the Houston Texans.
In a decision written by Circuit Judge Jose A. Cabranes, the appeals court said the NFL’s arbitration rules forcing 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 2nd Circuit said the NFL constitution’s arbitration provision “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 be decided by the NFL’s “principal executive officer,” the appeals court said.
NFL spokesperson Brian McCarthy said: “We respectfully disagree with the panel’s ruling, and will be seeking further review.”
Douglas H. Wigdor and David E. Gottlieb, lawyers representing Flores, said in a statement that the NFL has relied on a biased and unfair arbitration process for too long.
“This ruling sends a clear message: that practice must end,” they said.
In February 2022, Flores sued the league and several teams, saying the league was “rife with racism,” particularly in its hiring and promotion of Black coaches.
Two other coaches later joined the lawsuit, which seeks to proceed as a class action, although Caproni ruled that their claims could go to arbitration based on the language in contracts they signed with teams.
After filing his lawsuit, Flores said he believed he was risking the coaching career he loves by suing the NFL, but he said it was worth it for generations to come if he could succeed in challenging systemic racism in the league.
Flores is currently the defensive coordinator for the Minnesota Vikings after working previously as a coach for the New England Patriots from 2008 to 2018, the Miami Dolphins from 2019 to 2021 and the Pittsburgh Steelers in 2022. He joined the Vikings in 2023.
Caproni said in a March 2023 decision that descriptions by the coaches of their experiences of racial discrimination in a league with a “long history of systematic discrimination toward Black players, coaches, and managers — are incredibly troubling.”
“Although the clear majority of professional football players are Black, only a tiny percentage of coaches are Black,” she said.
