The 2nd U.S. Circuit Court of Appeals recently ruled that the National Football League can be sued for discrimination.
Announced late last week, the ruling came as part of claims made by coach Brian Flores and other Black coaches who have worked in the NFL. The 2nd U.S. Circuit Court of Appeals in Manhattan voted to uphold Judge Valerie Caproni’s ruling that Flores can proceed with a case over the discrimination he has faced.
Flores has made claims against the NFL as well as the Denver Broncos, the Houston Texans and the New York Giants.
With their latest decision, the Court of Appeals has gone on the record saying that the current arbitration rules set by the NFL requiring Flores to submit his claims in front of Commissioner Roger Goodell are not protected by the Federal Arbitration Act. Passed in 1925, the Arbitration Act is a statute that allows for private disputes to be settled through arbitration rather than the judicial system.
The provisions set by the NFL’s arbitration system instead do not provide an “independent arbitral forum” and no overall procedure, according to the 2nd Circuit.
“Instead, it offends basic presumptions of our arbitration jurisprudence by forcing claims to be decided by the NFL’s ‘principal executive officer,’” said the appeals court per AP News.
The latest ruling stems from a 2022 case when Flores sued the league and several of its teams, claiming that the league was full of racism.
Filed in February, the lawsuit named the NFL, the Dolphins, the Titans, the Cardinals, the Denver Broncos, the Houston Texans and 29 other anonymous teams as the defendants.
Flores alleged that the NFL is “racially segregated” because, while 70% of NFL players are Black, no team owner is Black. The lawsuit seeks compensatory and punitive damages for all Black head coaches, coordinators, quarterback coaches, as well as general managers and potential candidates.
It also seeks change in the league by creating a committee that would look out for Black team owners as well as ensuring equal opportunities within the NFL for Black employees. The lawsuit will also advocate for the end of forced arbitration in the league.
“Rules have been implemented, promises made – but nothing has changed,” said the lawyers for Flores in their official papers. “In fact, the racial discrimination has only been made worse by the NFL’s disingenuous commitment to social equity.”
With the latest upholding by the 2nd Circuit, the NFL is expected to seek further review of the case.
