The Supreme Court rejected the NFL's request on Tuesday to move a lawsuit alleging racial discrimination against black coaches into arbitration proceedings controlled by the league. The lawsuit, led by former Miami Dolphins head coach Brian Flores, accuses the NFL and three teams — the Denver Broncos, the Houston Texans, and the New York Giants — of racial discrimination in hiring practices.
The NFL had appealed to the Supreme Court to resolve the case outside of federal court, but the court declined to hear the appeal. Justice Brett Kavanaugh dissented from the decision. NFL spokesman Brian McCarthy stated that the league is prepared to defend itself as the case proceeds.
This decision supports a previous ruling from the 2nd U.S. Circuit Court of Appeals, which found that a provision in the NFL constitution allowing Commissioner Roger Goodell to arbitrate was unenforceable. Flores's attorneys argued that employers cannot force employees to arbitrate statutory employment discrimination claims before the employer's chief executive.
Flores, along with former Arizona Cardinals head coach Steve Wilks and former NFL assistant coach Ray Horton, alleges that they faced discrimination based on race, including claims that Flores was fired by the Dolphins in 2022 due to his race. The NFL has denied these allegations.
Additionally, Florida Attorney General James Uthmeier is investigating claims that the NFL has discriminated against white men through diversity initiatives. Uthmeier has scrutinized the Rooney Rule, which requires teams to interview black candidates for senior positions. NFL Commissioner Roger Goodell stated that the league is engaging with the Florida attorney general regarding these concerns.