Judge denies NFL request to move Brian Flores case to arbitration

NEW YORK - NFL Coach Brian Flores may get his day in court to press discrimination claims against the league and its teams after a federal judge on Wednesday rejected the argument that his lawsuit must be handled in arbitration, presumably before Commissioner Roger Goodell.

The written decision by Judge Valerie Caproni in Manhattan was issued months after lawyers for the league tried to get the lawsuit moved to arbitration, citing contracts that coaches had signed.

Flores sued the league and three teams a year ago, saying the league was "rife with racism," particularly in its hiring and promotion of Black coaches.

The judge said Flores can let a jury decide the merits of his discrimination claims against the league, the Denver Broncos, the New York Giants and the Houston Texans, but he must pursue his claims against the Miami Dolphins through arbitration.

"We are pleased that Coach Flores' class claims of systematic discrimination against the NFL and several teams will proceed in court and ultimately before a jury of his peers," attorney Douglas Wigdor said in an email.

He added: "We are disappointed the court compelled arbitration of any claims before Mr. Goodell as he is obviously biased and unqualified to rule on these matters. We expect him to delegate those matters to a truly neutral arbitrator as a matter of fundamental fairness."

The league did not immediately respond to a request for comment from The Associated Press or say whether Goodell would recuse himself from the process.

Flores brought the lawsuit after he was fired by Miami, where he led the Dolphins to a 24-25 record over three years.

According to the lawsuit, Miami Dolphins owner Stephen Ross told Flores he would pay him $100,000 for every loss during the coach's first season because he wanted the club to "tank" so it could get the draft's top pick.

The lawsuit alleged that Ross then pressured Flores to recruit a prominent quarterback in violation of the league's tampering rules. When Flores refused, he was cast as the "angry Black man" who is difficult to work with and was derided until he was fired, the suit said.

The Dolphins responded to the lawsuit when it was filed by saying it vehemently denied any allegations of racial discrimination and was "proud of the diversity and inclusion throughout our organization."

When he brought the lawsuit, Flores said he knew he was risking his coaching career that he loves, but he hoped to bring positive change for generations to come by challenging systemic racism in the league.

The judge noted that Flores was announced as the new defense coordinator for the Minnesota Vikings earlier this month.

The judge ruled that the claims brought by Steve Wilks and Ray Horton, two other coaches who joined the lawsuit, must go through arbitration.

The lawsuit said Wilks was discriminated against by the Arizona Cardinals in 2018 when he was hired as a "bridge coach" but was given no meaningful chance to succeed, while Horton was subjected to discriminatory treatment when he was given a sham interview for the Tennessee Titans head coach position in January 2016.

In her opinion, Caproni said the case had shined "an unflattering spotlight on the employment practices of National Football League" teams.

"Although the clear majority of professional football players are Black, only a tiny percentage of coaches are Black," she wrote.

In deciding what claims in the lawsuit must go to arbitration rather than being litigated in court, the judge cited specifics about individual contracts and whether they were properly signed.