Brian Flores’ discrimination case against NFL can move to court, judge rules

Former Miami Dolphins head coach Brian Flores' discrimination claims against the NFL and three teams will be allowed to move to court after a federal judge ruled against arbitration.

Judge Valerie Caproni's decision clears the path for Flores to have his claims heard out in a trial. The two other coaches who joined the lawsuit will be required to submit to arbitration.

The league had tried to move the Flores claims to arbitration, citing contracts that coaches had signed.

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Last year, Flores sued the NFL and said the league was "rife with racism," especially as it pertains to its coaching hiring and promotion practices

Caproni wrote that the 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."

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The judge also noted it was "difficult to understand" how there was only one Black head coach at the time Flores filed his lawsuit — longtime Steelers head coach Mike Tomlin. 

After the latest hiring cycle, there are currently three African-American head coaches: new Texans head coach DeMeco Ryans, while Tomlin and Buccaneers head coach Todd Bowles retained their respective positions. There are 32 teams in the NFL and African Americans make up an overwhelming majority of rosters — an estimated 70%.

The judge said Flores can let a jury decide the merits of his discrimination claims against the league, Denver Broncos, New York Giants and Houston Texans, but he must pursue his claims against the Miami Dolphins through arbitration.

"We are pleased that Coach Flores’ class claims of systematic discrimination against the NFL and several teams will proceed in court and ultimately before a jury of his peers," attorney Douglas Wigdor said in a statement.

He added, "We are disappointed the court compelled arbitration of any claims before Mr. Goodell as he is obviously biased and unqualified to rule on these matters. We expect him to delegate those matters to a truly neutral arbitrator as a matter of fundamental fairness."

NFL spokesperson Brian McCarthy said the league was pleased with Caproni's ruling, which "correctly holds that the vast majority of claims in this case are properly arbitrable by the Commissioner under binding agreements signed by each plaintiff."

He said the NFL planned "to move forward promptly with arbitrations as directed by the Court and to seek to dismiss the remaining claims."

He added: "Diversity and inclusion throughout the NFL make us a better organization. We recognize there is more work to be done and we are deeply committed to doing it."

Flores' firing came as a surprise because the Dolphins were coming off their second consecutive winning season in 2021, although the team missed the playoffs. He finished his three-year run at the helm with a 24-25 record.

According to the lawsuit, Dolphins owner Stephen Ross told Flores he would pay him $100,000 for every loss during the coach’s first season because he wanted the club to "tank" so it could get the draft’s top pick.

The lawsuit alleged that Ross then pressured Flores to recruit a prominent quarterback in violation of the league’s tampering rules, which Flores refused.

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The Dolphins responded to the lawsuit when it was filed by saying it vehemently denied any allegations of racial discrimination and was "proud of the diversity and inclusion throughout our organization."

The teams have yet to comment on the latest development.

When he brought the lawsuit, Flores said he knew he was risking his coaching career that he loves, but he hoped to bring positive change for generations to come by challenging systemic racism in the league.

Flores spent last season as a defensive assistant and linebackers coach for the Steelers and was recently hired as the Minnesota Vikings defensive coordinator.

Caproni ruled that the claims brought by Steve Wilks and Ray Horton, two other coaches who joined the lawsuit, must go through arbitration.

The lawsuit said Wilks was discriminated against by the Arizona Cardinals in 2018 when he was hired as a "bridge coach" but was given no meaningful chance to succeed, while Horton was subjected to discriminatory treatment when he was given a sham interview for the Tennessee Titans head coach position in January 2016.

In her opinion, Caproni said the case had shined "an unflattering spotlight on the employment practices of National Football League" teams.

In the past, the NFL has settled cases in arbitration, including multimillion-dollar payments to 49ers quarterback Colin Kaepernick and his former teammate Eric Reid. They filed a grievance against the league saying they essentially blackballed after they took a knee during the national anthem in protest of police brutality and social injustice.

In deciding what claims in the lawsuit must go to arbitration rather than being litigated in court, the judge cited specifics about individual contracts and whether they were properly signed.

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She also ruled that NFL Commissioner Roger Goodell's possible role as the arbitrator did not invalidate the arbitration agreements. However, she made it clear that she will retain authority to review the commissioner's decision if he is the arbitrator.

The Associated Press contributed to this report.