Sports
The NFL and three of its franchises – the Houston Texans, the New York Giants, and the Denver Broncos – will face a lawsuit filed by former Dolphins head coach Brian Flores over the league’s hiring and promotion practices concerning African American coaches.
The U.S. Court of Appeals for the Second Circuit in Manhattan upheld Judge Valerie Caproni’s ruling allowing Flores to proceed with his claims against the league and the three aforementioned teams.
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In a written opinion by Circuit Judge José A. Cabranes, the court determined that NFL rules require Flores to submit his claims to Commissioner Roger Goodell and that the league’s arbitration provisions are not protected under the Federal Arbitration Act, as they only provide for what was described as a “nominal arbitration.”
The Second Circuit stated that 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,” according to the appeals panel.
Legal significance of the ruling
The significance of the Second Circuit’s decision cannot be overstated,” Flores’ attorneys – Douglas H. Wigdor, David E. Gottlieb, and John Elefterakis – said in a statement. “For too long, the NFL has relied on a fundamentally biased and unfair arbitration process – even in cases involving serious claims of discrimination. This ruling sends a clear message: that practice must end. This is a victory not only for NFL employees, but for workers across the country – and for anyone who believes in transparency, accountability and justice.
NFL spokesperson Brian McCarthy responded briefly:
We respectfully disagree with the panel’s ruling, and will be seeking further review.
The origins of Brian Flores’ lawsuit
In February 2022, Flores filed a lawsuit against the NFL and several teams, alleging that the league was “rife with racism,” particularly in the hiring and promotion of Black coaches. His complaint pointed to systemic discrimination and was later joined by other coaches who reported similar experiences.
Flores was aware that taking such legal action might effectively end his prospects of ever coaching again in the NFL, a profession he deeply loved. However, he believed the effort was worthwhile if it could help eradicate systemic racism in the league and improve opportunities for future generations.
Currently, Flores serves as the defensive coordinator for the Minnesota Vikings. He previously worked as head coach of the Miami Dolphins and has held positions with other NFL teams throughout his career.
This news was originally published on this post .
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