The US Supreme Court refused to hear the NFL’s appeal to move Brian Flores’s racial discrimination lawsuit to arbitration, letting the case move forward to trial in federal court in New York [1, 2, 3, 4].

Flores, 45, the former Miami Dolphins head coach and current Minnesota Vikings defensive coordinator, filed suit in February 2022 against the NFL and three teams—the Denver Broncos, New York Giants, and Houston Texans—alleging systemic racism in hiring practices against Black coaches [1, 2, 3, 4]. He accused the Giants and Broncos of conducting sham interviews merely to meet the Rooney Rule's minority interview requirements [2, 4]. Two other Black coaches, Steve Wilks and Ray Horton, joined Flores’s lawsuit with similar claims, including lack of genuine interviews and discriminatory hiring [1, 2, 3, 4].

The NFL argued the dispute should be decided through arbitration overseen by Commissioner Roger Goodell, rather than in court [1, 2, 3, 4]. Lower courts rejected that claim. A 2023 New York federal judge and the Second US Circuit Court of Appeals ruled the arbitration process was unfair given Goodell’s dual role as commissioner and arbitrator [2, 4]. Justice Brett Kavanaugh dissented from the Supreme Court’s decision to decline review [1, 3, 4].

Flores was fired by Miami after compiling a 24-25 record over three seasons without playoff appearances, despite the Dolphins posting back-to-back winning seasons under him [1, 3].

Plaintiffs’ attorneys David Gottlieb and Douglas Wigdor said, "The NFL must now accept that its commissioner cannot be the arbitrator over discrimination claims against the league and its teams. We look forward to litigating these claims in court" [1]. Flores’s lawyers said they were "pleased that the Supreme Court declined to accept the NFL’s appeal" [4]. The NFL stated, "We respect the Supreme Court’s decision not to grant review. Regardless of the forum, we are fully prepared to defend ourselves as this matter proceeds" [4].

The case will now proceed toward discovery and could lead to a public trial in the New York federal court [1, 4].