Employment & Labor Insider

After four tortuous years of litigation, Coach Brian Flores and his fellow plaintiff coaches prevailed in a challenge to the National Football League arbitration process. The courts ruled that the plaintiffs should not be required to arbitrate their claims of race discrimination against the NFL and certain teams because the arbitrator would have been NFL Commissioner Roger Goodell or his designee. 

Now that the lawsuit is proceeding in the court system, the NFL and its clubs contend that the coaches’ claims are legally insufficient and must be dismissed.

The longest yard

In February 2022, Mr. Flores, now the Minnesota Vikings defensive coordinator, filed suit after he was terminated as head coach of the Miami Dolphins and was not hired for the same position with the New York Giants, Denver Broncos, or Houston Texans. Mr. Flores seeks to represent a class of Black coaches and executives he contends were similarly discriminated against.

The case has had a complex procedural history. In March 2023, a federal judge in the Southern District of New York issued a split decision, ordering only some of the claims to arbitration. 

In August 2025, the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s rulings. Nevertheless, the appeals court criticized the NFL’s arbitration process because Mr. Flores would have had to submit his claims to Commissioner Goodell, the NFL’s principal executive. Although recognizing that courts generally favor arbitration, the Court found that the NFL process “fails to bear even a passing resemblance to traditional arbitral practice,” “is unworthy even of the name of arbitration,” and therefore was deserving of no protection. The Second Circuit then remanded the case to the lower court for an appropriate ruling.

On remand, the lower court ordered all of the claims to be tried in court.

Decided on the field of play

The discrimination case is now proceeding in court. The suit originally alleged intentional race discrimination under 42 U.S.C. Section 1981, a Reconstruction-era law, and state laws against discrimination and retaliation. 

In 2026, after fulfilling their administrative requirements with the U.S. Equal Employment Opportunity Commission, the coaches amended the lawsuit to add claims under Title VII of the Civil Rights Act of 1964. Title VII permits claims for disparate impact in addition to claims for “intentional” discrimination. The coaches could prevail on a disparate impact claim by showing that a racially neutral policy or practice disproportionately affects Black coaches, that the policy or practice is not a business necessity, and that an alternative exists that would have less of a discriminatory effect.

An aggressive defense

On June 5, 2026, the NFL, Giants, Broncos, and Texans each filed a motion to dismiss Mr. Flores’s claims. The moving defendants present an array of formidable legal arguments, some of which are discussed below.

Not an “employer”

First, the NFL fairly argues that it has never been the employer or prospective employer of Mr. Flores and thus cannot be found liable for employment discrimination. Each team engages in its own interview and selection process, and ultimately contracts with their selected candidate. 

The NFL also rejects any argument that it could be considered a “joint” employer under the law since there is no common ownership or management. Indeed, the U.S. Supreme Court and lower courts in numerous antitrust cases have found that the NFL and its member clubs are separate and distinct entities.

Rooney Rule

The NFL also asserts that the Rooney Rule – which today generally requires that a minority candidate be interviewed for any head coach or general manager position – negates any inference of intentional discrimination necessary to state a claim under either Section 1981 or Title VII.

Interestingly, the NFL asserts that the disparate impact claim cannot survive because the plaintiffs do not (and arguably cannot) claim that the Rooney Rule is a race-neutral policy. Interestingly, James Utheimer, the Florida Attorney General, is investigating the Rule for allegedly violating Florida’s Civil Rights Act by discriminating in employment decisions on the basis of race. 

Insufficient allegations of disparate impact

Finally, the NFL argues that vague statistical allegations contained in the lawsuit are not sufficiently reliable to state a claim of disparate impact, nor are the allegations that the Rooney Rule has “failed to yield any meaningful change.”

The Giants, Broncos, and Texans generally repeat these arguments, while emphasizing that there are no plausible allegations that the clubs engaged in any adverse employment action against Mr. Flores based on race. The Broncos and Texans also assert that court lacks personal jurisdiction over them. Finally, the Broncos argue that Mr. Flores’ claims are time-barred because he alleged that a “sham” interview took place in January 2019, but his lawsuit was not filed until February 2022.

Coach Flores fights back

Mr. Flores has responded that the leagues and teams operate as a single integrated enterprise, primarily by virtue of their “centralized control of labor relations.” This is certainly true with regard to player matters, but questionable when it comes to coaches. Nevertheless, Mr. Flores asserts that the NFL’s “detailed rules and guidelines” governing the head coach hiring process (including the ability to approve or disapprove contracts), centralized grievance resolution process, and anti-tampering policies demonstrate joint control.

Next, Mr. Flores leans on his allegation that he was subjected to a sham interview with the Giants in 2022 in arguing that he has sufficient evidence of discrimination to survive a motion to dismiss. He also contends that the Giants’ decision to hire the supposedly less qualified Brian Daboll, who is white, was based at least in part on race. Mr. Flores otherwise relies on allegations of historical racism within the NFL, quotes from league executives about minority hiring, and anecdotal evidence.

Regarding statistics, Mr. Flores claims that between 2015 and 2022, at least 13 Black head coaches should have been hired based on the number of interviews if the process were race neutral. However, he alleges, only seven Black coaches were hired. 

One interesting piece of Mr. Flores’ case is his new allegation that the NFL’s attempt to have the action arbitrated according to its rules is retaliation against him for pursuing his case in the first place.

The ball is in the air

The NFL’s 2026 season is about to kick off and may well be concluded before there is a decision on the League’s and teams’ motions to dismiss. The arguments are complex and numerous. Meanwhile, discovery has been proceeding but, as reflected on the docket, has repeatedly required the court’s intervention. It seems unlikely that the defendants’ motions will completely dispose of the case. If so, settlement would normally be on the table. But for now, principle and the parties’ public images seem to be taking precedence.