The nation’s highest court declined Tuesday to step into a racial discrimination case brought by former Miami Dolphins head coach Brian Flores against the NFL, clearing the way for the lawsuit to move toward trial.
The justices turned down the league’s request to force the case into its private arbitration system instead of allowing it to continue in New York courts. Justice Brett Kavanaugh disagreed with the court’s decision to stay out of the matter.
Flores, who is Black, filed the lawsuit in February 2022 against the league and three franchises, claiming the NFL was “rife with racism” in how it handles hiring decisions for Black coaches. Two other Black coaches, Steve Wilks and Ray Horton, later became part of the legal action.
The former coach, who lost his job with the Dolphins just before launching the lawsuit, currently serves as defensive coordinator for the Minnesota Vikings.
League officials had pushed for the dispute to go through arbitration instead of the court system, but federal judges at lower levels have supported the coaches’ position. The NFL stated it respected the Supreme Court’s ruling, which keeps the lower court decisions intact, but said it remains “fully prepared to defend ourselves as this matter proceeds.”
Lawyers David Gottlieb and Douglas Wigdor, who represent the coaches, expressed satisfaction with the outcome. “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,” they said in a written statement.
Flores was let go after compiling a 24-25 coaching record across three seasons with no postseason appearances. However, the Dolphins had achieved consecutive winning seasons before his dismissal.
The lawsuit names the NFL along with the Denver Broncos, the New York Giants and the Houston Texans. Flores had interviewed with Denver in 2019 and with the Giants and Texans in 2022.
Wilks, who lost his position as the New York Jets’ defensive coordinator in December, joined the case by alleging the Arizona Cardinals treated him as a “bridge coach” in 2018 — elevating him to interim status after dismissing another coach but then overlooking him for the permanent position. He claimed the Cardinals failed to give him a fair opportunity to prove himself.
Horton, whose last NFL coaching role ended in 2019, accused the Tennessee Titans of failing to conduct a legitimate interview process when he sought their head coaching job in 2016.
