A federal appeals court ruled that the NFL cannot compel Brian Flores to arbitration over his discrimination claims. The 2nd U.S. Circuit Court upheld Judge Valerie Caproni's ruling, allowing Flores to continue his lawsuit against the league and three teams. The court criticized the NFL’s arbitration rules for lacking an independent forum and failing to meet basic arbitration jurisprudence. Flores initially filed the lawsuit in February 2022, alleging that the NFL's practices reflect systemic racism in its hiring and promotion of Black coaches, and emphasized his willingness to risk his career for the cause.
The 2nd Circuit said the NFL constitution's arbitration provision 'contractually provides for no independent arbitral forum, no bilateral dispute resolution, and no procedure.'
In February 2022, Flores sued the league and several teams, saying the league was 'rife with racism,' particularly in its hiring and promotion of Black coaches.
The appeals court stated that 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.'
Flores expressed that he believed he was risking the coaching career he loves by suing the NFL, but it was worth it for generations to come if he could succeed in challenging systemic discrimination.
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