Appeals court agrees NFL can be put on trial over claims Black coaches face discrimination

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 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.