NFL Discrimination Allegations Faced as Brian Flores Wins Appeal, League Announces Decision to Oppose
In a landmark decision, the Second Circuit Court of Appeals has ruled that the arbitration agreement in Brian Flores' employment discrimination lawsuit against the NFL and several teams is unenforceable. This ruling means that Flores' claims against the Miami Dolphins, New York Giants, Denver Broncos, and Houston Texans will proceed in court, rather than in an arbitration process overseen by NFL Commissioner Roger Goodell.
The ruling sends a clear message that the NFL's reliance on a fundamentally biased and unfair arbitration process must end. Flores' attorneys have stated that the decision is a significant step towards ensuring fairness and impartiality in the NFL's arbitration process.
The panel criticized the NFL's arbitration provision, which grants the Commissioner unilateral substantive and procedural authority, undermining impartiality. The clause, they argued, provides for arbitration in name only, lacking an independent, bilateral dispute resolution process or procedures. Because the Commissioner, essentially the NFL's principal executive officer, would serve as arbitrator, the provision failed to guarantee a neutral forum to vindicate statutory anti-discrimination claims.
This ruling differs from the Deflategate case, where Goodell was allowed to serve as arbitrator despite accusations of wrongdoing. The key difference lies in the governing document: the arbitration clause in question was part of the NFL Constitution, whereas in Deflategate, the claims were governed by a collective bargaining agreement.
The NFL has announced its intention to appeal the Flores ruling and seek further review. If the case advances to pretrial discovery, Flores' attorneys could demand emails, texts, and other evidence from the NFL and teams, as well as seek testimony by league and team officials about issues of race and employment.
Flores contends that the Giants interviewed him after telling people they were hiring Brian Daboll, and he points to a text by Bill Belichick congratulating who he thought was Daboll. The panel stressed that Goodell being in a conflicted position to arbitrate, as he is an individual who functions as the head of the NFL and receives his salary from the owners of the teams, is a significant issue.
Flores intends for the case to be certified as a class action on behalf of all Black head coaches, offensive and defensive coordinators, QB coaches, general managers, and Black candidates for those positions, within the applicable statute of limitations. Whether the case is certified as a class action remains to be seen.
This case underscores the importance of fairness and impartiality in the resolution of employment disputes. While the FAA generally favours enforcement of arbitration agreements, the courts have ruled against arbitration in this instance due to the NFL Constitution's arbitration clause being one-sided, illusory, and incapable of providing a fair, impartial forum, thereby depriving Flores of a meaningful opportunity to pursue his discrimination claims.
[1] https://www.espn.com/nfl/story/_/id/34339430/federal-appeals-court-rules-against-nfl-arbitration-clause-brian-flores-lawsuit [2] https://www.si.com/nfl/2023/02/28/brian-flores-lawsuit-nfl-second-circuit-ruling [3] https://www.nytimes.com/2023/02/28/sports/football/brian-flores-lawsuit-nfl-second-circuit.html [4] https://www.cnn.com/2023/02/28/us/brian-flores-lawsuit-nfl-second-circuit-ruling/index.html [5] https://www.washingtonpost.com/sports/2023/02/28/brian-flores-nfl-lawsuit-second-circuit-ruling/
- The ruling in Brian Flores' employment discrimination lawsuit against the NFL and several teams suggests that a collective bargaining agreement, unlike the NFL Constitution, may provide a more balanced arbitration process in sports, such as American football (NFL or football).
- The analysis of the Second Circuit Court of Appeals' decision highlights the need for impartiality in sports arbitration, as demonstrated by Flores' claims against the Miami Dolphins, New York Giants, Denver Broncos, and Houston Texans.
- A successful outcome for Flores' lawsuit against the NFL could lead to a shift in the collective bargaining agreements in sports, ensuring a fairer dispute resolution process for people working in the industry, like coaches and general managers.
