A lawsuit brought by an NFL coach accusing the league of discriminating against Black coaches can proceed after a federal appeals court cleared the way for the case to continue. The court ruled against what has been deemed an unfair NFL arbitration process, leaving the league open to accusations that it has acted unfairly toward Black coaches.

Discrimination suit against the NFL, teams can move forward

On Thursday, the 2nd U.S. Circuit Court of Appeals in Manhattan upheld an earlier ruling by Judge Valerie Caproni that allows a lawsuit by Minnesota Vikings defensive coordinator Brian Flores to proceed. Flores has sued the NFL and three of its teams — the Denver Broncos, Houston Texans and New York Giants — for racial discrimination. In her 2023 ruling, Judge Caproni acknowledged racial disparities in the NFL, noting, “Although the clear majority of professional football players are Black, only a tiny percentage of coaches are Black.” The NFL attempted to require that the dispute with Flores be settled through arbitration, with NFL commissioner Roger Goodell serving as the arbitrator. The appeals court ruled that the process proposed by the NFL, with Goodell in charge, did not meet proper standards of fairness and independence.

NFL is accused of not following through on its own policies

Flores filed his lawsuit in 2022, after he had been fired from his job coaching the Miami Dolphins despite the team having a winning season. Flores interviewed for head coaching positions with other teams, but alleged that the teams conducted these interviews with no intention of actually considering him for the jobs. He revealed that a text exchange with then-New England coach Bill Belichick accidentally revealed that the New York Giants had already decided on another coach before Flores’ scheduled interview with the team. This appeared to violate the Rooney Rule, an NFL rule that requires teams to interview at least two outside minority candidates for open head coach, general manager, and coordinator positions. Two other Black coaches, Steve Wilks and Ray Horton, later joined Flores’ lawsuit.

NFL’s history of underrepresentation and possible retaliation

The NFL has had a complicated history when it comes to Black players and coaches. Statistics show that, since 2000, less than 20% of new coaches hired into the league have been Black, while over 40% of head coaches fired after only one full season on the job are Black. Despite the majority of NFL players being Black, less than a quarter of its teams are led by Black head coaches. The league has improved Black representation in the position of quarterback, with a record 15 Black quarterbacks starting at the beginning of the 2024-2025 season. Yet, Black players have come under scrutiny and possible retaliation for protesting racism. When a group of players led by quarterback Colin Kaepernick began kneeling during the national anthem to protest police violence against Black people, the demonstrations drew condemnation from figures including President Donald Trump, and the NFL has been accused of blacklisting Kaepernick, who has not played in an NFL game since 2016.

Flores has expressed concern that his decision to take legal action against the NFL for racial discrimination may hurt his career. So far, the risk appears to be paying off, as his suit now moves forward, putting the NFL in the hot seat over its hiring practices when it comes to Black coaches.