NEW YORK (AP) — NFL coach Brian Flores may file discrimination lawsuits against the league and three teams after a federal judge on Wednesday rejected the option of arbitration, presumably before Commissioner Roger Goodell, and made some stinging observations about the status of racial bias the sport.
Manhattan Judge Valerie Caproni’s written decision, which cleared the way for Flores to pursue his claims in court, also required two other coaches who joined the lawsuit to submit to arbitration. The league had tried to take Flores’ claims to arbitration, citing contracts coaches had signed.
Flores sued the league and three teams a year ago, saying the league is “riddled with racism,” particularly when it comes to hiring and promoting black coaches.
Caproni wrote that the coaches’ descriptions of their experiences of racial discrimination in a league with a “long history of systemic discrimination against black players, coaches and managers — are incredibly disturbing.”
The judge said it was “difficult to understand” how at the time Flores filed his lawsuit there was only one black head coach in a 32-team league where black players made up about 70% of rosters.
The judge said Flores could let a jury rule on the merits of his claims of discrimination against the league, the Denver Broncos, the New York Giants and the Houston Texans, but he must pursue his claims against the Miami Dolphins through arbitration.
“We are pleased that Coach Flores’ class action lawsuit alleging systemic discrimination against the NFL and multiple teams will be heard in court and eventually before a jury of peers,” attorney Douglas Wigdor said in an email.
He added: “We are disappointed that the court has compelled arbitration for claims before Mr. Goodell as he is manifestly biased and unqualified to rule on these matters. We expect him to delegate these matters to a genuinely neutral arbitrator as a matter of principle fairness.”
NFL spokesman Brian McCarthy said the league is pleased with Caproni’s decision, which “correctly states that the vast majority of the claims in this case are duly arbitrable by the commissioner under binding agreements signed by each plaintiff.”
He said the NFL plans to “proceed immediately with arbitration as directed by the court and seek to dismiss the remaining claims.”
He added, “Diversity and inclusion throughout the NFL makes us a better organization. We are aware that there is still a lot to be done and we are determined to do it.”
Flores filed the lawsuit after being fired from Miami, where he led the Dolphins to a 24-25 record over three years.
According to the lawsuit, Miami Dolphins owner Stephen Ross said Flores would pay him $100,000 for each loss in the coach’s first season because he wanted the club to “tank up” so he could get the top pick of the draft could.
The lawsuit alleged that Ross pressured Flores to recruit a prominent quarterback in violation of the league’s manipulation rules. When Flores refused, he was cast as an “angry black man” who is difficult to work with and mocked until he was fired, the lawsuit said.
The Dolphins responded to the lawsuit when it was filed by saying they vehemently denied all allegations of racial discrimination and were “proud of the diversity and inclusion throughout our organization.”
The teams’ lawyers did not immediately respond to a request for comment on Wednesday.
Filing the lawsuit, Flores said he knew he was risking his coaching career, which he loves, but hoped to bring about positive change for generations to come by tackling systemic racism in the league.
The judge noted that Flores was announced as the new defense coordinator for the Minnesota Vikings earlier this month.
Caproni ruled that the claims of Steve Wilks and Ray Horton, two other coaches who joined the lawsuit, needed arbitration.
The lawsuit alleges that Wilks was discriminated against by the Arizona Cardinals in 2018 when he was hired as a “bridge coach” but was given no significant chance of success, while Horton was subjected to discriminatory treatment when doing a sham interview for the Tennessee Titans received head coaching position in January 2016.
In her opinion, Caproni said the case “threw an unflattering spotlight on the employment practices of National Football League teams.”
“Although the clear majority of professional soccer players are black, only a tiny percentage of coaches are black,” she wrote.
In deciding which claims in the lawsuit should go to arbitration rather than trial in court, the judge cited details of individual contracts and whether they were properly signed.
She also ruled that Goodell’s possible role as arbitrator did not invalidate the arbitration agreements. Caproni noted that the U.S. Second Circuit Court of Appeals dismissed an argument by attorneys for quarterback Tom Brady — in a dispute over deflated balls and a four-game suspension — that Goodell was legally unable to pursue claims in Terms of arbitration fair to arbitrate league conduct.
However, Caproni added that allowing Goodell to referee carried a risk of bias and that it was “concerning” that an NFL statement on the day of Flores’ lawsuit said the lawsuit was without merit.
She also noted that she will retain the power to review the commissioner’s decision if he is the referee.