2 days ago
Brian Flores' lawsuit against New York Giants can proceed, Circuit Court rules
The 2nd U.S. Circuit Court of Appeals in Manhattan has upheld a previous ruling by Judge Valerie Caproni, allowing Brian Flores' claims against the NFL and three of its teams, including the New York Giants, to proceed.
In addition to the Giants, the Houston Texans and Denver Broncos are named in the lawsuit that was initially filed in 2022, claiming the league was "rife with racism" and that the hiring/promotion of minority coaches is intentionally flawed.
ESPN reports that the decision came on Thursday.
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 decision written by Circuit Judge Jose A. Cabranes, the appeals court said the NFL's arbitration rules forcing Flores to submit his claims to arbitration before Goodell do not have the protection of the Federal Arbitration Act because they provide for "arbitration in name only."
At the time of his original filing, Flores claimed he was "humiliated" by the Giants for running him through a "sham interview." The team had just hired Brian Daboll as their next head coach, choosing him over Flores, who was a finalist for the job.
Flores was informed of the Giants' decision through an accidental text by then-New England Patriots head coach Bill Belichick.
Giants co-owner John Mara denied Flores' claims, defended the decision to hire Daboll, and vowed to fight the allegations in court.
"I'm not settling," Mara said at the time, via the New York Post. "Because the allegations are false and we're very comfortable with our hiring process. It was a fair process and we ended up making the decision we made based on a lot of factors, none of which had anything to do with race."
Flores, who currently serves as defensive coordinator of the Minnesota Vikings, felt he was risking his NFL career after the filing, but claimed it would be worth the trouble to help establish better hiring practices for minority coaches.
"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."
The NFL sees things differently.
"We respectfully disagree with the panel's ruling, and will be seeking further review," spokesperson Brian McCarthy said.
The Giants have yet to issue a statement following Thursday's ruling.
