The U.S. Supreme Court on Tuesday rejected the National Football League’s request to intervene in coach Brian Flores’ racial discrimination lawsuit, allowing the case to continue without NFL arbitration.
The NFL had asked the lower court to block the case from proceeding and to allow NFL Commissioner Roger Goodell to serve as the final decision maker after a league-sponsored review.
Flores, who was fired as head coach by the Miami Dolphins after three seasons in 2022, filed a lawsuit against the Miami Dolphins, the New York Giants, and the Denver Broncos, alleging they discriminated against him because of his race during the hiring process. Flores was joined in the lawsuit by coaches Steve Wilks, who was the Arizona Cardinals’ head coach for one season, and Ray Horton, a former defensive coordinator for the Tennessee Titans.
The former Dolphins coach claims that the NFL discriminated against him and other black coaches and coaching prospects.
After being fired by the Dolphins due to his dismal 24-25 record, Flores said he interviewed with the Giants and Broncos but was not given serious consideration.
Flores, of course, opposed the idea of NFL arbitration and claimed that Goodell could not be an impartial judge of the case.
The U.S. Court of Appeals for the Second Circuit agreed with Flores and added that the NFL’s constitution and rules and regulations are not enforceable in Flores’ case under a federal law called the Arbitration Act. The panel said the provision “provides for arbitration in name only.”
The NFL argued before the SCOTUS that the lower court’s ruling was “unprecedented” and that past disputes were commonly remanded to NFL arbitration. Flores claimed that there is plenty of case law ruling that an employee cannot automatically be forced to internal arbitration in workplace discrimination cases.
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