Miami Dolphins head coach Brian Flores looks on from the sidelines during the first half of an NFL football game, Sunday, Jan. 9, 2022, in Miami Gardens, Fla. (AP Photo/Willfredo Lee) If the NFL Is Serious About Ending Racial Bias in Coach Hiring, It Should Stop Hiding Behind Arbitration
The point is about the NFL's hypocrisy: on the one hand it proclaims a lack of any wrongdoing and professes a heartfelt desire to see that there are more Black NFL head coaches. At the same time, it uses every legal maneuver available to split up these claims in a way that makes finding a long-term solution much more difficult because of these divide-and-conquer tactics.
March 22, 2023 at 09:30 AM
5 minute read
Commentary
The original version of this story was published on National Law Journal
When Brian Flores sued the NFL and several of its teams for race discrimination in hiring head coaches, the league denied discrimination, said it agreed that not enough progress had been made, and promptly moved to send all the claims to arbitration.
On March 1, U.S. District Judge Valerie Caproni of the Southern District of New York largely rejected that effort as applied to Flores, but agreed, at least for now, that the claims of his co-plaintiffs, Steve Wilks and Ray Horton, were stuck in a system from which the public is totally excluded, there is likely to be limited discovery, and the "neutral" decision-maker is NFL Commissioner Roger Goodell.
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