The highest court in the United States, the Supreme Court, rejected an appeal by the NFL on Tuesday, meaning that nothing stands in the way of a trial of Brian Flores’ discrimination lawsuit against the league.
The justices rejected an appeal by the league, which would have preferred to see the case heard through its own arbitration rather than in a regular court in New York. Judge Brett Kavanaugh was the only one to vote against the decision not to hear the case.
Flores, who is Black, sued the league and three teams in February 2022. He accused the NFL of “rife with racism” in its hiring practices when it comes to black coaches. Later, coaches Steve Wilks and Ray Horton, who were also black, joined his lawsuit.
Flores, who was previously fired as head coach by the Miami Dolphins, has been working as the Minnesota Vikings’ defensive coordinator since 2023, but has been waiting for another head coaching opportunity since then.
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NFL would have preferred its own arbitration procedures
The NFL had argued that Flores should use arbitration instead of due process, but the lower courts sided with the plaintiffs. The league said it respects the Supreme Court’s decision keeping the lower courts’ rulings in effect, but is “fully prepared to defend itself as this process continues.”
David Gottlieb and Douglas Wigdor, the plaintiffs’ lawyers, said they were pleased with the verdict. “The NFL must now recognize that its commissioner cannot serve as arbitrator in discrimination claims against the league and its teams. We look forward to pursuing these claims in court,” the lawyers said in a statement.
Flores ultimately had a 24-25 record as head coach of the Dolphins, but had two straight seasons with a positive record before being fired. Flores ultimately sued the Denver Broncos, New York Giants and Houston Texans. He interviewed with all three – the Broncos in 2019 and the other two teams in 2022 after his release from Miami.
