Brian Flores' landmark discrimination lawsuit against NFL gets major boost

New York, New York - A US District court judge ruled Wednesday that Minnesota Vikings defensive coordinator Brian Flores can take his discrimination cases against the NFL, New York Giants, Denver Broncos, and Houston Texans to an open federal court in front of a jury.

Vikings defensive coordinator Brian Flores can take his discrimination cases against the NFL, Giants, Broncos, and Texans to a federal court in front of a jury.
Vikings defensive coordinator Brian Flores can take his discrimination cases against the NFL, Giants, Broncos, and Texans to a federal court in front of a jury.  © Eric Espada / GETTY IMAGES NORTH AMERICA / Getty Images via AFP

"Plaintiffs' descriptions of their experiences of racial discrimination – which allegedly are only the most recent chapter in the NFL's long history of systematic discrimination toward Black players, coaches, and managers – are incredibly troubling," US District Judge Valerie Caproni wrote in her decision.

Caproni’s ruling means Patriots head coach Bill Belichick and Giants head coach Brian Daboll could be called in to answer Flores’ allegations against the Giants.

On a broader scale, the judge’s decision to allow the class action claims against the NFL for allegedly discriminatory hiring and firing practices to proceed in open court means potentially unprecedented exposure for the league and its clubs.

"Today the court determined that the claims against the NFL can remain in Federal Court where we can conduct discovery and litigate in a transparent forum," plaintiffs attorney John Elefterakis said in a statement. "We look forward to continuing to fight systemic discrimination against Black coaches in the NFL."

NFL responds to ruling

Flores has accused the Miami Dolphins, where he was head coach, of racial discrimination.
Flores has accused the Miami Dolphins, where he was head coach, of racial discrimination.  © REUTERS

Caproni did also rule that some claims must be submitted to arbitration before NFL commissioner Roger Goodell: Flores' claims against the Miami Dolphins, San Francisco 49ers defensive coordinator Steve Wilks’ claims against the Arizona Cardinals, and USFL head coach Ray Horton’s claims against the Tennessee Titans.

The NFL said in a statement from spokesman Brian McCarthy that the league is "pleased with the court’s decision" to compel several claims into arbitration and intends to "seek to dismiss the remaining claims."

"Diversity and inclusion throughout the NFL make us a better organization," the league’s statement read. "We recognize there is more work to be done and we are deeply committed to doing it. That said, we are pleased with the court’s decision, which correctly holds that the vast majority of claims in this case are properly arbitrable by the Commissioner under binding agreements signed by each plaintiff."

A Giants spokesperson said the team had no comment on the ruling.

Belichick and Daboll in the spotlight

Giants head coach Brian Daboll could be called in to answer Flores’ allegations about a text sent by Patriots head coach Bill Belichick.
Giants head coach Brian Daboll could be called in to answer Flores’ allegations about a text sent by Patriots head coach Bill Belichick.  © Tim Nwachukwu / GETTY IMAGES NORTH AMERICA / Getty Images via AFP

Flores’ lawsuit against the Giants alleges that the team gave him a sham interview for their head coaching vacancy in January 2022. Flores alleges that Belichick sent him a text message two days before his Giants interview that was really intended for Brian Daboll: "I hear from Buffalo and NYG that you are their guy."

The league and clubs were trying to move all the claims and cases into arbitration. But Caproni ruled that the Giants and Texans "have failed to prove that an arbitration agreement was in effect when or after Mr. Flores was being considered for hire by those teams. Accordingly, Mr. Flores may litigate his claims against the Giants and Texans, and his related claims against the NFL, in federal court."

"Given the number of Black men who play and coach football," Caproni added, "it is difficult to understand how it could be that, at the time Plaintiffs initiated this lawsuit, 'the NFL had only one Black Head Coach.'"

Now the cases go to a court and a jury, and there is no telling how significant the repercussions could be for these teams and the league.

"We look forward to continuing to 'shine an unflattering spotlight' on the systemic discrimination against Black coaches in the NFL," Elefterakis said.

Cover photo: Eric Espada / GETTY IMAGES NORTH AMERICA / Getty Images via AFP

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