A federal appeals court has upheld the ruling that Minnesota Vikings defensive coordinator Brian Flores can proceed with his civil lawsuit against the NFL and three of its teams in court, not via the league's arbitration process.
Thursday, the United States Court of Appeals for the Second Circuit upheld judge Valerie Caproni's March 2023 ruling that some of Flores' claims can be pursued via trial — specifically, his claims against the NFL, the Houston Texans, the Denver Broncos, and the New York Giants. Caproni ruled that his claims against the Miami Dolphins must be pursued via arbitration.
The appeals court said the NFL's arbitration provision "contractually provides for no independent arbitral forum, no bilateral dispute resolution, and no procedure," according to ESPN. "Instead, it offends basic presumptions of our arbitration jurisprudence" by requiring claims to be decided by commissioner Roger Goodell. So the next step in the case's process will be a trial (or multiple trials).
Flores sued the league and several teams in February 2022, alleging racial discrimination in hiring practices. Other coaches, including former Arizona Cardinals head coach Steve Wilks, later joined the class-action lawsuit, which seeks damages and changes to the league's hiring practices for coaching and executive positions.
The lawsuit came after Flores was fired as the Dolphins' head coach and passed up for other head-coaching vacancies in the ensuing hiring cycle. It alleged that the NFL "lives in a time of the past" and "remains rife with racism, particularly when it comes to the hiring and retention of Black
Head Coaches, Coordinators and General Managers."
Flores, after filing the lawsuit, said he knew he was risking his coaching career but believed it would be worth it if the suit could help bring about change. He spent the 2022 season as an assistant under Mike Tomlin with the Pittsburgh Steelers, then was hired by the Vikings as their DC in 2023. At his introductory press conference in Minnesota, he declined to comment when asked about the lawsuit.
Flores has since been passed up for head-coaching jobs in each of the last two offseasons. After a 2024 season in which the Vikings had one of the best defenses in the league, Flores interviewed with several teams but was not hired. He's now in his third season coaching Minnesota's defense, which enters the 2025 season projected to again be one of the NFL's best.
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