Appeals Court Greenlights Racial Discrimination Lawsuit Against the NFL
A federal appeals court ruled on Thursday that the civil claims filed by Brian Flores and other African-American coaches for discrimination can go to trial. The decision is based on significant flaws in the league’s arbitration process, which would allow Commissioner Roger Goodell to act as arbitrator. The U.S. Second Circuit Court of Appeals in Manhattan upheld Judge Valerie Caproni’s decision, allowing Flores to proceed with his claims against the NFL and three teams: the Denver Broncos, the New York Giants, and the Houston Texans. In its written ruling, the appeals court argued that the NFL’s arbitration rules violate the Federal Arbitration Act. This justifies that Flores and other coaches can take their claims to trial instead of being forced to arbitration.The appeals court noted that the process “offends the basic presumptions of our jurisprudence on arbitration” by requiring claims to be decided by the NFL’s “chief executive officer.” In February 2022, Flores sued the league and several teams, alleging that the NFL was “riddled with racism,” especially in the hiring and promotion of African American coaches. Other coaches subsequently joined the lawsuit. Flores, after filing the lawsuit, expressed that, although he was risking his coaching career, he felt it was worth fighting against systemic racism in the league for future generations. Currently, Flores serves as the defensive coordinator for the Minnesota Vikings. In a March 2023 decision, Judge Caproni described the experiences of racial discrimination reported by the coaches as “incredibly concerning,” highlighting the disparity in the representation of African American coaches in a league with a “long history of systemic discrimination.” Caproni ruled in 2023 that Flores must resolve his claims against the Miami Dolphins through arbitration.The NFL constitution’s arbitration provision “provides neither an independent arbitral forum, nor bilateral dispute resolution, nor procedure.”
U.S. Court of Appeals for the Second Circuit
