The Supreme Court declined Tuesday to hear the NFL's appeal in Brian Flores's racial discrimination lawsuit, rejecting the league's bid to move the case into arbitration and instead allowing it to proceed to open trial in New York.
Flores, the former Miami Dolphins head coach who is Black, filed suit against the NFL and three teams in February 2022, contending the league's hiring practices for coaching positions systematically favored white candidates. He was later joined by defensive coordinators Steve Wilks and Ray Horton, both also Black, in the legal action.
The league had argued strenuously that the dispute belonged in the NFL's own arbitration system rather than civil court. Lower courts rejected that position twice, and the justices' refusal to take the case means those lower-court rulings stand. Justice Brett Kavanaugh dissented from the decision not to hear the appeal.
The NFL responded with a statement saying it respects the court's judgment and is "fully prepared to defend ourselves as this matter proceeds." Flores's legal team, represented by attorneys David Gottlieb and Douglas Wigdor, called the ruling a victory. "The NFL must now accept that its commissioner cannot be the arbitrator over discrimination claims against the league and its teams. We look forward to litigating these claims in court," they said.
Flores was fired by Miami in December 2021 after compiling a 24-25 record over three years without reaching the playoffs, though the team posted consecutive winning seasons before his dismissal. He is now the Minnesota Vikings' defensive coordinator. His lawsuit names the Broncos, Giants, and Texans as defendants alongside the league.
Wilks, who served as the Jets' defensive coordinator before being fired in December, alleged in his claims that the Arizona Cardinals in 2018 used him as a placeholder coach, promoting him to interim status after firing another coach but then blocking him from the permanent job. Horton, whose last NFL coaching role ended in 2019, said the Tennessee Titans refused to give him a genuine opportunity to interview for their head coaching vacancy in 2016.
The case now heads toward discovery and trial, where a jury will evaluate whether the NFL and its franchises engaged in patterns of discrimination when evaluating and hiring Black coaches for leadership positions.
Author James Rodriguez: "This is a major win for the plaintiffs, but the real fight is just beginning in the courtroom."
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