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Vikings DC Brian Flores' discrimination suit vs. NFL cleared for trial

Thu Aug 14 12:15pm ET
Field Level Media

Minnesota Vikings defensive coordinator Brian Flores' civil discrimination claim against the NFL was cleared by the 2nd U.S. Circuit Court of Appeals to proceed to trial, bypassing what the panel of judges felt was a flawed arbitration process involving commissioner Roger Goodell.

The former head coach of the Miami Dolphins and co-defendants are suing the league and three teams -- the Denver Broncos, New York Giants and Houston Texans -- claiming Black coaches face discrimination. Flores' claims do not list the New England Patriots, where he was the defensive coordinator prior to becoming a first-time head coach in Miami in 2019.

He filed the suit in 2022 after the Giants hired Brian Daboll as head coach, arguing his interview with the organization was scheduled primarily to appease the NFL rule mandating teams interview a minority candidate, known as the Rooney Rule.

Judge Valerie Caproni previously ruled -- on March 1, 2023 -- that Flores' case could go to trial, prompting the NFL appeal.

In her written decision more than two years ago, Caproni mandated Flores seek arbitration in his claims against the Dolphins. She also said two other coaches submitting claims -- Steve Wilks and Ray Horton -- must seek arbitration, while otherwise siding with Flores on the merits of a jury trial.

Caproni described the details of experiences of minority coaches "incredibly troubling." She cited specific claims in the suit of the NFL's "long history of systematic discrimination toward Black players, coaches, and managers."

Goodell said at the Super Bowl in February that the NFL would not cease diversity, equity and inclusion efforts despite a federal demand for a shift from the administration of President Donald Trump.

Entering the 2025 regular season, there are five Black head coaches in the NFL: Mike Tomlin (Steelers), Todd Bowles (Buccaneers), DeMeco Ryans (Texans) and, Raheem Morris (Falcons) and Aaron Glenn (Jets). Two others, Antonio Pierce (Raiders) and Jerod Mayo (Patriots), were fired after one season as head coach. Pierce was promoted from interim head coach in Las Vegas before the 2024 season.

Carponi said in her ruling it was "difficult to understand" how the league had only one Black head coach at the time Flores filed his lawsuit because "70 percent" of players under contract were Black. After being fired by the Dolphins, Flores spent 2022 as a defensive assistant for the Steelers where he worked under the only Black head coach at the time, Tomlin.

The appeals court decision written by Circuit Judge Jose A. Cabranes was centered around the judge's opinion that Flores would not be granted true "neutral arbitration." The decision states the NFL arbitration rules violate the Federal Arbitration Act because claims are decided by the NFL's principal executive officer (Goodell), which "offends basic presumptions of our arbitration jurisprudence."

Flores said at the time he filed the suit that he risked his coaching career. Last offseason, he was interviewed by the Chicago Bears for their head-coaching vacancy. The job ultimately went to Detroit Lions offensive coordinator Ben Johnson.

Claims in the suit from Flores about his time in Miami stem from what he said became friction with owner Stephen Ross. Flores said when he refused to recruit a prominent quarterback against NFL tampering rules, he became cast as an "angry Black man" in the eyes of the franchise brass. Flores said he was also offered $100,000 under the table from Ross for every loss during his first season as part of a detailed plan to "tank" to get the No. 1 pick in the draft.

The Dolphins fired Flores in January 2022 following consecutive winning seasons. He was 24-25 as Miami's head coach.

The NFL conducted its own six-month investigation and claimed there was no evidence of the Dolphins intentionally losing games. However, the NFL determined Miami -- Ross and vice chairman/limited partner Bruce Beal were named specifically -- was in violation of the anti-tampering policy in attempts to communicate with Tom Brady and then-Saints coach Sean Payton, and failed to uphold the integrity of the game "on multiple occasions" between 2019-22. The league stripped the Dolphins of their 2023 first-round pick and a third-round pick in 2024.

Ross was fined $1.5 million, banned from the league meetings in 2023 and suspended from Aug. 2-Oct. 17, 2022. He was barred from being present at the team facility and representing the team at any team event during that time.

Vikings DC Brian Flores' discrimination suit vs. NFL cleared for trial

The Paur Report