Race Discrimination Class Action Lawsuit Against the NFL to Proceed in Court, Not Arbitration
On February 1, 2022, former Miami Dolphins head coach Brian Flores filed a class-action lawsuit against the NFL, New York Giants, Denver Broncos, and Dolphins organizations, alleging racial discrimination. The suit claims that text messages he received from New England Patriots coach Bill Belichick, as well as media reports, show that the New York Giants decided to hire Brian Daboll, a colleague of Flores from New England from 2013 to 2016, as head coach before interviewing any minority candidates. The Giants, who scheduled an interview with Flores for January 27, had allegedly decided on Daboll by January 23. Flores also accused John Elway and Broncos management of conducting another sham head coach interview with him in 2019, arriving an hour late and appearing hungover. Elway responded by stating that five Broncos officials flew overnight from Colorado to Rhode Island to work around the only interview time that worked for Flores, that they had interviewed him for 3.5 hours, and that they took and still retain detailed notes proving their genuine interest in hiring him. The lawsuit additionally alleges that during Flores' tenure with the Dolphins, team owner Stephen Ross pressured him to deliberately lose games, offering him $100,000 for each game he lost in order for the Dolphins to get better draft picks for the following season, and to tamper with a quarterback before free agency. Flores alleges that he was fired by Ross in retaliation for his refusals to tank (in the process, achieving two consecutive winning seasons) and to tamper. The Palm Beach Post reported that the quarterback was Tom Brady. The lawsuit seeks damages and injunctive relief in the form of changes to hiring, retention, termination, and pay transparency practices for coaching and executive positions in the NFL.
On April 8, 2022, former Arizona Cardinals head coach Steve Wilks and long-time NFL assistant Ray Horton joined the lawsuit against the league.
On March 1, 2023, United States District Court Judge Valerie E. Caproni granted the NFL's motion to compel arbitration in the lawsuit, except as to Flores's claims against the New York Giants, Houston Texans, Denver Broncos, and his related claims against the NFL. The case has been on hold while the parties cross-appealed to the Second Circuit.
After the Second Circuit found on appeal that the NFL’s arbitration provision is unenforceable, on February 13, 2026, Judge Caproni reconsidered her previous ruling and denied the NFL’s motion to compel arbitration. The judge ruled that the parties must litigate their differences in court and scheduled a pretrial conference for April 3, 2026.
The case is Flores v. The National Football League et al., Docket No. 1:22-cv-00871 (S.D.N.Y. Feb 01, 2022).
