Flores’ discrimination case going to court
NEW YORK NFL Coach Brian Flores can press discrimination claims against the league and three teams after a federal judge on Wednesday rejected the option of arbitration, presumably before Commissioner Roger Goodell, and offered some stinging observations about the status of racial bias in the sport.
The written decision by Judge Valerie Caproni in Manhattan clearing the way for Flores to bring his claims to trial also required two other coaches who joined the lawsuit to submit to arbitration. The league had tried to move the Flores claims to arbitration, citing contracts that coaches had signed.
Flores sued the league and three teams a year ago, saying the league was “rife with racism,” particularly in its hiring and promotion of Black coaches.
Caproni wrote that the 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.”
The judge said it was “difficult to understand” how there was only one Black head coach at the time Flores filed his lawsuit in a league of 32 teams with Black players making up about 70% of the rosters.
The judge said Flores can let a jury decide the merits of his discrimination claims against the league, the Denver Broncos, the New York Giants and the Houston Texans, but he must pursue his claims against the Miami Dolphins through arbitration.
“We are pleased that Coach Flores’ class claims of systematic discrimination against the NFL and several teams will proceed in court and ultimately before a jury of his peers,” attorney Douglas Wigdor said in an email.
He added: “We are disappointed the court compelled arbitration of any claims before Mr. Goodell as he is obviously biased and unqualified to rule on these matters. We expect him to delegate those matters to a truly neutral arbitrator as a matter of fundamental fairness.”
NFL spokesperson Brian McCarthy said the league was pleased with Caproni’s ruling, which “correctly holds that the vast majority of claims in this case are properly arbitrable by the Commissioner under binding agreements signed by each plaintiff.”
He said the NFL planned “to move forward promptly with arbitrations as directed by the Court and to seek to dismiss the remaining claims.”
He added: “Diversity and inclusion throughout the NFL make us a better organization. We recognize there is more work to be done and we are deeply committed to doing it.”
Flores brought the lawsuit after he was fired by Miami, where he led the Dolphins to a 24-25 record over three years.
According to the lawsuit, Miami Dolphins owner Stephen Ross told Flores he would pay him $100,000 for every loss during the coach’s first season because he wanted the club to “tank” so it could get the draft’s top pick.
The lawsuit alleged that Ross then pressured Flores to recruit a prominent quarterback in violation of the league’s tampering rules. When Flores refused, he was cast as the “angry Black man” who is difficult to work with and was derided until he was fired, the suit said.