Appeals court agrees NFL can be put
on trial over claims Black coaches face discrimination
[August 15, 2025]
By LARRY NEUMEISTER
NEW YORK (AP) — The NFL can be put on trial over civil claims that
Brian Flores and other Black coaches face discrimination, a federal
appeals court ruled Thursday, rejecting the league's attempt to
force Flores into arbitration with Commissioner Roger Goodell as the
arbitrator.
The 2nd U.S. Circuit Court of Appeals in Manhattan upheld Judge
Valerie Caproni’s ruling that Flores can proceed with claims against
the league and three teams: the Denver Broncos, the New York Giants
and the Houston Texans.
In a decision written by Circuit Judge Jose A. Cabranes, the appeals
court said the NFL's arbitration rules forcing Flores to submit his
claims to arbitration before Goodell do not have the protection of
the Federal Arbitration Act because it “provides for arbitration in
name only.”
The 2nd Circuit said the NFL constitution's arbitration provision
“contractually provides for no independent arbitral forum, no
bilateral dispute resolution, and no procedure.”
“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.
NFL spokesperson Brian McCarthy said: "We respectfully disagree with
the panel’s ruling, and will be seeking further review.”
Douglas H. Wigdor and David E. Gottlieb, lawyers representing
Flores, said in a statement that the NFL has relied on a biased and
unfair arbitration process for too long.
“This ruling sends a clear message: that practice must end,” they
said.
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Minnesota Vikings defensive coordinator Brian Flores stands on the
field during an NFL football workout in Eagan, Minn., Oct. 30, 2024.
(AP Photo/Abbie Parr, File)
In February 2022, Flores sued the league and
several teams, saying the league was “rife with racism,”
particularly in its hiring and promotion of Black coaches.
Two other coaches later joined the lawsuit, which seeks to proceed
as a class action, although Caproni ruled that their claims could go
to arbitration based on the language in contracts they signed with
teams.
After filing his lawsuit, Flores said he believed he was risking the
coaching career he loves by suing the NFL, but he said it was worth
it for generations to come if he could succeed in challenging
systemic racism in the league.
Flores is currently the defensive coordinator for the Minnesota
Vikings after working previously as a coach for the New England
Patriots from 2008 to 2018, the Miami Dolphins from 2019 to 2021 and
the Pittsburgh Steelers in 2022. He joined the Vikings in 2023.
Caproni said in a March 2023 decision that descriptions by the
coaches of their experiences of racial discrimination in a league
with a “long history of systematic discrimination toward Black
players, coaches, and managers — are incredibly troubling.”
“Although the clear majority of professional football players are
Black, only a tiny percentage of coaches are Black,” she said.
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