Court rules NFL, three teams can be put on trial as part of Brian Flores' racial-discrimination lawsuit
The 2nd U.S. Circuit Court of Appeals in Manhattan upheld a previous ruling made in 2023 by Judge Valerie Caproni, in which Caproni allowed some of Flores' claims to proceed in court.
In a ruling Thursday, 2nd U.S. Circuit Court of Appeals Circuit Judge Jose A. Cabranes allowed Flores to move forward with claims against the NFL, Denver Broncos, New York Giants and Houston Texans.
Cabranes also took the NFL to task for its arbitration process, calling out the league for acting as though NFL commissioner Roger Goodell — who oversees all arbitration rulings — is an independent party, per ESPN.
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.
Flores' attorneys, Douglas H. Wigdor, David E. Gottlieb and John Elefterakis, agreed with that assessment, telling ESPN the league's arbitration process is "fundamentally biased and unfair."
NFL spokesperson Brian McCarthy told ESPN the league disagreed with Cabranes' decision and would seek "further review."
Flores originally filed a lawsuit against the NFL and three teams — the Broncos, Miami Dolphins and Giants — alleging racism in the league's hiring process. Flores argued that both the Giants and Broncos interviewed him solely to satisfy the Rooney Rule, which requires teams to interview a minority candidate for open coaching jobs. He did not believe the teams treated him as a serious candidate for those jobs.
Flores provided evidence that seemed to support that theory. Screenshots in the lawsuit revealed a text exchange with former New England Patriots head coach Bill Belichick, who mistakenly texted Flores believing it was actually Brian Daboll. Belichick congratulated Flores for getting the Giants' head-coaching job. Flores informed Belichick that he had not interviewed for the role yet, but his interview was coming up soon. Belichick eventually responded saying he texted the wrong Brian, and that he heard the team was going to hire Daboll for the role.
In 2023, both Steve Wilks and Ray Horton joined Flores' lawsuit against the league. Wilks filed claims against the Arizona Cardinals. Horton filed claims against the Tennessee Titans.
That same year, Caproni reviewed each claim by Flores, Horton and Wilks and determined which ones could be pursued in court and which ones would go to arbitration. Caproni ruled that complaints against the Cardinals, Titans and Dolphins would go to arbitration.
Claims against the Broncos, Giants and Houston Texans, which Flores claimed retaliated against him after he sued the NFL, were allowed to be pursued in court. Caproni also allowed "related claims" against the NFL to proceed in court, per The Athletic.
Flores, who currently serves as the defensive coordinator for the Minnesota Vikings, sued the league in 2022 after he was surprisingly fired by the Miami Dolphins after leading the team to two straight seasons with a winning record. Flores was a popular head-coaching candidate following his firing, but failed to land one of those positions after interviewing with multiple teams.
Flores joined the Pittsburgh Steelers as a linebackers coach and defensive assistant for the 2022 NFL season. He was hired as the Vikings' defensive coordinator in 2023, and helped the team improve from 28th in points against to 13th during his first season in the role. The Vikings took another step forward on defense in 2024, ranking 5th overall in points against.
In January, Flores said he would take interviews with other teams for head-coaching roles. Despite his success with the Vikings, those interviews did not materialize this offseason. He's expected to reprise his role as the Vikings' defensive coordinator during the 2025 NFL season.
Thursday's ruling marks the second time this week the NFL has lost a legal battle. On Tuesday, the Nevada Supreme Court ruled former Las Vegas Raiders head coach Jon Gruden could take the league to trial over leaked emails that resulted in his resignation from the Raiders in 2021.
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