The US Supreme Court denied the National Football League’s effort to move a race discrimination lawsuit by Minnesota Vikings defensive coordinator Brian Flores into arbitration, clearing the way for some of his claims to proceed.
In declining to consider the case, the justices avoided delving into whether the NFL’s arbitration agreements are unenforceable because of a designation that makes commissioner Roger Goodell the default arbitrator.
An orders list issued by the court on Tuesday noted that Justice Brett Kavanaugh would have granted the NFL’s petition to review the case.
Flores in 2022 sued the NFL, New York Giants, Miami Dolphins, and Denver Broncos, alleging systemic race discrimination that he claimed led to fewer opportunities for Black coaches.
Flores claimed that racial bias was tied to his firing as a head coach in Miami and his failure to be hired by the Giants or Broncos.
He was later joined in the lawsuit by Steve Wilks and Ray Horton—two longtime Black NFL coaches—that included additional claims against the Houston Texans, Arizona Cardinals, and Tennessee Titans.
The US Court of Appeals for the Second Circuit ruled in August that Flores’ employment agreements contained an “unenforceable” arbitration clause as it allowed some claims against the Giants, Texans, and Broncos to proceed.
The NFL, along with those three teams, petitioned the court to review the matter by claiming that the decision “is irreconcilable with the text and history” of the Federal Arbitration Act.
Flores had accused the Giants of conducting a sham interview with him in order to comply with the NFL’s “Rooney Rule,” which requires teams to interview minority candidates for such positions as head coach and general manager.
Flores joined the Vikings coaching staff in 2023 and remains the team’s defensive coordinator.
The case is New York Football Giants v. Flores, No. 25-790
