Brian Flores, the former head coach of the Miami Dolphins, continues to navigate a complex legal battle against the NFL and three of its franchises: the Denver Broncos, New York Giants, and Houston Texans. On Wednesday, the 2nd U.S. Circuit Court of Appeals in Manhattan affirmed the lower court’s ruling in his favor. This ruling permits him to proceed with his suit in federal court. This decision is the latest and most consequential step in Flores’ quest to root out allegedly discriminatory hiring practices across the league.
Flores seeks to have all his claims and the NFL’s responses publicly aired, believing he possesses a strong argument against the league’s practices. At the same time, the NFL was trying to push complaints like Flores’s into arbitration. Their counterargument was that the employment agreements executed by Flores and other coaches called for this procedure. The appeals court challenged this notion.
Judge Valerie Caproni’s ruling suggested that the arbitration process was incompatible with basic notions of due process and justice. The court described the NFL’s arbitration as “arbitration in name only,” stating that it “offends basic presumptions of our arbitration jurisprudence.” This decision allows Flores to make his case in front of a public jury, instead of in secret arbitration.
N. Jeremi Duru, a law professor who focuses on labor law and arbitration, said that this ruling represents a major victory for Flores. That doesn’t guarantee that Flores will receive his opportunity to have his day in court. Duru said the NFL is only now starting to address what Flores is alleging. The league is preparing to file counter motions seeking dismissal of the case in its entirety.
“Yes, this is definitely a win for Flores. He brought this case in federal court, he wanted to litigate it in federal court, and the second circuit is saying the case is going to proceed in federal court.” – N. Jeremi Duru
Flores has gone on the record insisting that the process be open and public. He’s absolutely convinced that he has a great case for the meritless nature of the NFL’s hiring practices. Duru elaborated on this notion. She explained that while arbitration often can proceed behind closed doors and out of public scrutiny, litigation in a federal court fosters openness.
“But in federal court, all the filings are public. And Brian Flores, I think, wants all of his claims and the league’s responses to his claims to be aired in public, because he feels like he’s got the better argument.” – N. Jeremi Duru
Flores, meanwhile, is preparing for the next phases of his legal fight. He remains focused on continuing to advocate for change in the NFL’s policies. His current incarnation, as an NFL assistant coach for the Minnesota Vikings, seems to suit him. Simultaneously, he uses his influence to take on entrenched systemic injustices in professional football.
Yet the NFL is clearly very keen to proceed with arbitration in Flores’ case. That said, Duru does anticipate pushback if and when Commissioner Roger Goodell decides to make himself arbiter of last resort. These moves might resonate with the history of unfairness that the NFL Players Association has long complained about when it comes to the arbitration process.
Flores, supported by fellow Black coaches, alleges the league fosters a racially discriminatory culture with its hiring policies. They claim that this atmosphere disproportionately narrows opportunities for Black candidates. This case has the potential to be hugely favorable for Flores. It will pave the way for future coaching candidates who face the same hurdles as Flood in the league.
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