Court will not hear NFL coaches’ appeal of racial discrimination arbitration ruling

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Update:

• A New York federal judge ruled the Second Circuit will not hear an appeal of an order to compel arbitration for parts of a racial discrimination lawsuit filed by ex-Miami Dolphins head coach Brian Flores and two other former NFL coaches. 
• U.S. District Judge Valerie Caproni determined Flores, along with Steve Wilks and Ray Horton, also former Black NFL coaches, failed to establish the “exceptional circumstances” needed to warrant an appeal. 
• The former NFL coaches wanted the appeals court to weigh in on whether an arbitration agreement that is not the result of collective bargaining is “unconscionable and therefore unenforceable” if a biased party is designated as the arbitrator. 
• In March, Judge Caproni granted in part a request by the NFL to compel arbitration of claims against the Miami Dolphins, Tennessee Titans and Arizona Cardinals and related claims against the leagues.
• Flores filed a class action lawsuit against the NFL and various teams in February 2022 over claims they engaged in systemic racism during the hiring process for coaches and general managers. 

Miami Dolphins coach Brian Flores racism class action overview:

• Who: Former Miami Dolphins Head Coach Brian Flores is suing the NFL and its teams on behalf of Black coaches and general managers in the league.
• Why: Flores, who is Black, alleges a culture of racial discrimination at the NFL after he was passed over for a head coaching position in favor of a white coach despite a back-to-back winning season.
• Where: The lawsuit was filed in a Manhattan federal court.

(Feb. 2, 2022)

A Black former Miami Dolphins coach with a winning record is suing the NFL and its teams, alleging a culture of racism, after he was passed over before his interview for a head coach role at the New York Giants in favor of a white man. 

Former coach Brian Flores filed the class action complaint against the National Football League (NFL), the Giants and other teams Feb. 1 in a New York federal court, alleging violations of the Civil Rights Act. 

The lawsuit was filed after Flores, who was considered a leading candidate for the head coaching position at the Giants due to his back-to-back winning seasons, was passed over in favor of a white coach, Brian Daboll. 

Flores alleges he found out he hadn’t got the job three days before he was set to interview with the Giants through a mistaken text message sent to him by New England Patriots coach Bill Belichick.

“I hear from Buffalo & NYG that you are their guy. Hope it works out if you want it to!!” the text reportedly read. When Flores responded, confused, Belichick admitted he had made a mistake, the lawsuit states.

“Sorry — I f****d this up. I double checked & misread the text. I think they are naming Daboll. I’m sorry about that. BB,” Belichick said.

NFL tries to appear to have commitment to racial quality but does not, Flores says

Flores says he then went on to have an extensive interview with the Giants, knowing they had already chosen someone else. He alleges the process shows the NFL is trying to appear to have a commitment to racial equity when it does not. 

“NFL remains rife with racism, particularly when it comes to the hiring and retention of Black Head Coaches, Coordinators and General Managers,” Flores says. “Over the years, the NFL and its 32 member organizations have been given every chance to do the right thing. Rules have been implemented, promises made — but nothing has changed. In fact, the racial discrimination has only been made worse by the NFL’s disingenuous commitment to social equity.”

Flores says he has realized the only way to effectuate change is through the courts. He is suing for discrimination under the Civil Rights Act and for violations of New York civil rights laws. 

Despite 70% Black player pool, NFL only employs one Black head coach, lawsuit notes

The class action lawsuit seeks to represent all Black head coaches, offensive and defensive coordinators, quarterback coaches and General Managers, as well as Black candidates for those positions during the applicable statute of limitations period.

Flores was controversially fired by the Dolphins in January 2022 after three years on the job. He led the Dolphins to a 9-8 record that season, going 8-1 the final nine games to secure the team’s first back-to-back winning seasons since 2003.

Despite a 70% Black NFL player pool, only one out of 32 teams employs a Black head coach, only six employ a Black general manager and none has a Black majority owner, the lawsuit notes. 

The news comes days after a group of 75 former NFL players, their wives and one daughter sent a letter to a federal judge to express their approval and concerns about a recent settlement made in a class action lawsuit against the NFL and NFL Properties LLC over racist concussion protocols.

What do you think of the allegations in Flores’ lawsuit? Let us know in the comments. 

Flores is represented by Douglas H. Wigdor, Michael J. Willemin and David E. Gottlieb of Wigdor LLP and John Elefterakis, Nicholas Elefterakis and Raymond Panek of Elefterakis Elefterakis & Panek.

The NFL racial discrimination class action lawsuit is Flores, et al. v. The National Football League, et al., Case No. 1:22-cv-00871, in the U.S. District Court for the Southern District of New York.

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