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via Imago

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Back in February 2022, Brian Flores did something few in the NFL dared to try. He took on the league itself. The Vikings‘ defensive coordinator filed a lawsuit against the NFL and three teams. The Giants, the Broncos, and the Texans. He accused them of racial discrimination in their hiring practices. At the heart of his case was the Rooney Rule. A policy meant to promote diversity in coaching, which Flores claimed had been reduced to little more than a box-ticking exercise.

In making the decision to file the class action complaint today, I understand that I may be risking coaching the game that I love and that has done so much for my family and me,” he said at that time. But for him, exposing systemic bias was worth it. His lawsuit didn’t shy away from uncomfortable details. Flores also alleged that Dolphins owner Stephen Ross offered him $100K for each loss in a bid to secure a better draft pick, and that he was urged to tamper with a star quarterback.

The NFL, in turn, tried to keep the matter behind closed doors. The league pushed for arbitration under the authority of Commissioner Roger Goodell himself. This week, after a long and winding legal fight, Flores finally heard the news he’d been waiting for. As ESPN recently reported, a federal appeals court said that Brian Flores and other Black coaches can take the NFL to court over claims of racial discrimination. The reason? Well, the NFL’s current system for handling such disputes is flawed.

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In simple terms, it allows Goodell to also be the judge in the case. And as per the 2nd circuit, the NFL constitution’s arbitration provision “contractually provides for no independent arbitral forum, no bilateral dispute resolution, and no procedure.” And just like that, Flores can now proceed with his claims against the NFL and three teams. Right after all that went down, Flores’ attorneys—Douglas H. Wigdor, David E. Gottlieb, and John Elefterakis—released a statement.

The significance of the Second Circuit’s decision cannot be overstated,” the statement reads. “For too long, the NFL has relied on a fundamentally biased and unfair arbitration process — even in cases involving serious claims of discrimination. This ruling sends a clear message: that practice must end. This is a victory not only for NFL employees, but for workers across the country — and for anyone who believes in transparency, accountability and justice.”

Long story short: Brian Flores sued the NFL and three NFL teams. The NFL wanted to handle the dispute through its current system. But in the eyes of the 2nd U.S. Circuit Court (Judge Valerie Caproni), it seemed biased, and “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. So now, the Vikings’ DC, along with other Black coaches, are set to take on the league, the Giants, Broncos, and the Texans.

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Why these three teams are on Brian Flores’ radar?

Brian Flores has been serving in the NFL since he was just 23 years old. And yes, he’s been a coach for almost a couple of decades now. The 44-year-old coach served as the Patriots‘ coach from 2008 to 2018. And later joined the Dolphins as their 12th head coach. However, things took a twisting turn back in 2022. Flores was supposed to interview for the head coaching gig for the Giants. However, he later claimed in his lawsuit that his interview was a “sham.” The reason?

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Is Brian Flores a hero for challenging the NFL's hiring practices, or is he risking too much?

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Well, the New York team has already hired Brian Daboll as their next HC. Yes, even before Flores interviewed for the team. Things took a sharper turn when Bill Belichick texted Flores. Basically, he texted the wrong Brian (he was supposed to text Daboll) but congratulated Flores on landing the Giants’ HC job, even though he never interviewed. The writing was on the wall: the Giants neglected the Rooney Rule.

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The rule states that the NFL teams must interview at least two minority candidates looking for a franchise’s next HC. Then came the Broncos. Per the lawsuit, “It was clear from the substance of the interview that Mr. Flores was interviewed only because of the Rooney Rule, and that the Broncos never had any intention to consider him as a legitimate candidate for the job.” As it turned out, the Broncos then hired Vic Fangio as their next HC.

As for the Texans, Brian Flores alleged that the Houston team “retaliated” against him and removed him from their consideration for their HC vacancy. The reason seemed palpable at that moment: they didn’t want to interview him “due to his decision to file this action and speak publicly about systemic discrimination in the NFL.” And just like that, the Vikings’ DC sued these three teams, along with the NFL. And as it turned out, the 2nd U.S. Circuit Court of Appeals in Manhattan confirmed that Flores can now proceed with his claims.

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Is Brian Flores a hero for challenging the NFL's hiring practices, or is he risking too much?

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