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According to a brief submitted on behalf of Flores, Steve Wilks
and Ray Horton, the NFL's arbitration procedure bears no
resemblance to a neutral judicial forum and fails to comport
with basic principles of fairness.
It adds that "nobody could credibly argue" that Commissioner
Roger Goodell can be a neutral arbitrator when it comes to
ruling on claims that involve teams which pay him and given the
NFL has already said the lawsuit is "without merit".
"If the court compels arbitration, scores of employers following
this case, and those who learn of it, will undoubtedly change
their arbitration clauses to permit the appointment of an
obviously biased decision maker," the brief said.
Flores, who is Black, was fired by Miami in January after
back-to-back seasons with winning records and sued the NFL and
its teams in February alleging discrimination against Black
candidates for top-level coaching and management jobs.
Former Arizona Cardinals head coach Wilks and longtime assistant
coach Horton joined as plaintiffs in the proposed class action
in April.
The case by Flores, who has been hired by the Pittsburgh
Steelers as a senior defensive assistant and linebacker coach,
has highlighted a lack of diversity in the coaching ranks of the
NFL, which has long condemned racism.
(Reporting by Frank Pingue in Toronto, editing by Ed Osmond)
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