Yardbarker
x
Flawed NFL arbitration process under fire after Gruden, Flores rulings
NFL commissioner Roger Goodell. Geoff Burke-Imagn Images

Flawed NFL arbitration process under scrutiny after Jon Gruden, Brian Flores rulings

It's a good thing for the NFL that it uses a shield as its logo, because this week, the league needed protection.

The courts handed NFL commissioner Roger Goodell a second defeat since Monday with a ruling in Minnesota Vikings defensive coordinator Brian Flores' anti-discrimination lawsuit against the league.

On Thursday, per ESPN, the 2nd U.S. Circuit Court of Appeals in Manhattan upheld a previous ruling in Flores' case, originally filed on Feb. 1, 2022, allowing it to proceed to trial.

In a written statement, the appeals court blasted the NFL's arbitration process, which allows Goodell to make decisions unilaterally, saying "It offends basic presumptions of our arbitration jurisprudence."

The judges also argued that the NFL's process equates to "arbitration in name only."

It was the second time this week that Goodell's role as chief arbiter has come under scrutiny in U.S. courts.

On Monday, the Nevada Supreme Court described the NFL's argument that Jon Gruden's lawsuit should be handled through arbitration led by Goodell as "unconscionable."

In his original claim, Gruden alleged the NFL and Goodell leaked emails to the press, which led to his resignation as head coach of the Las Vegas Raiders in October 2021.

The dual rulings against the league are the biggest hits its flawed arbitration process has taken. 

It's never made sense for the commissioner to arbitrate matters he's already decided after handing down punishments. Those situations should be left to an impartial party. 

Goodell was granted his unlimited authority in the 2011 collective bargaining agreement, which positioned him as the NFL's judge, jury and executioner.

The Gruden and Flores developments are illustrative of the fact that the league and NFLPA went too far in granting Goodell such wide-sweeping authority. 

The recent court rulings acknowledge the flaw in the NFL's system. That shield just added a few more dents.

Eric Smithling

Eric Smithling is a writer based in New Orleans, LA, whose byline also appears on Athlon Sports. He has been with Yardbarker since September 2022, primarily covering the NFL and college football, but also the NBA, WNBA, men’s and women’s college basketball, NHL, tennis and golf. He holds a film studies degree from the University of New Orleans

More must-reads:

Customize Your Newsletter

Yardbarker +

Get the latest news and rumors, customized to your favorite sports and teams. Emailed daily. Always free!