NEW YORK — The NFL can be put on trial over civil claims that Brian Flores and other Black coaches face discrimination, a federal appeals court ruled Thursday, finding insurmountable flaws with a league arbitration process that would permit commissioner Roger Goodell to serve as arbitrator.
The 2nd U.S. Circuit Court of Appeals in Manhattan upheld Judge Valerie Caproni’s ruling that Flores can proceed with claims against the league and three teams: the Denver Broncos, the New York Giants and the Houston Texans.
In a written decision, the appeals court said the NFL arbitration rules violate the Federal Arbitration Act to explain why Flores and other coaches should be permitted to take their claims to trial rather than be forced into arbitration.
The 2nd Circuit said 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,” the appeals court said.
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Messages for comment were sent to lawyers for the league and coaches who sued.
In February 2022, Flores sued the league and several teams, saying the league was “rife with racism,” particularly in its hiring and promotion of Black coaches. Other coaches later joined the lawsuit as plaintiffs.
After filing his lawsuit, Flores said he believed he was risking the coaching career he loves by suing the NFL, but he said it was worth it for generations to come if he could succeed in challenging systemic racism in the league.
Flores is currently the defense coordinator for the Minnesota Vikings.
Caproni said in a March 2023 decision that 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.”
“Although the clear majority of professional football players are Black, only a tiny percentage of coaches are Black,” she said.
Caproni ruled in 2023 that Flores must pursue his claims against the Miami Dolphins through arbitration.
The Associated Press contributed to this report.
