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A federal appeals court ruled Thursday that Minnesota Vikings defensive coordinator Brian Flores’ lawsuit against the NFL for racial discrimination can go to trial.
The 2nd U.S. Circuit Court of Appeals in Manhattan upheld Judge Valerie Caproni’s previous ruling that Flores can proceed with claims against the league and the Denver Broncos, New York Giants and Houston Texans.
The ruling rejected the league’s attempt to force Flores into arbitration, which would have had Commissioner Roger Goodell serve as the arbitrator.
The NFL responded via spokesperson Brian McCarthy.
“We respectfully disagree with the panel’s ruling and will be seeking further review,” his statement said.
Flores sued the NFL and multiple teams in 2022, claiming the league was “rife with racism,” particularly in its hiring and promotion of Black coaches. Two other coaches later joined the lawsuit, which seeks to proceed as a class action, although Caproni ruled that their claims could go to arbitration based on the language in contracts they signed with teams.
Flores is the defensive coordinator of the Minnesota Vikings after working previously as a coach for the New England Patriots, from 2008 to 2018; the Miami Dolphins, from 2019 to 2021; and the Pittsburgh Steelers in 2022. He joined the Vikings in 2023.
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In a decision written by Circuit Judge Jose A. Cabranes, the appeals court said the NFL’s arbitration rules forcing Flores to submit his claims to arbitration before Goodell do not have the protection of the Federal Arbitration Act because it “provides for arbitration in name only.”
The 2nd Circuit said the NFL constitution’s arbitration provision “contractually provides for no independent arbitral forum, no bilateral dispute resolution, and no procedure.”
“Instead, it offends basic presumptions of our arbitration jurisprudence” by forcing claims to be decided by the NFL’s “principal executive officer,” the appeals court said.
Douglas H. Wigdor and David E. Gottlieb, lawyers representing Flores, said in a statement that the NFL has relied on a biased and unfair arbitration process for too long.
“This ruling sends a clear message: that practice must end,” they said.
Caproni said in a March 2023 decision that descriptions by the coaches of their experiences of racial discrimination in a league with a “long history of systematic discrimination toward Black players, coaches, and managers — are incredibly troubling.”
“Although the clear majority of professional football players are Black, only a tiny percentage of coaches are Black,” she said.
The Associated Press contributed to this report.
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