Minnesota defensive coordinator Brian Flores' lawsuit against the NFL and several of its teams can proceed in open court after a federal appeals court ruled Aug. 14 that the league's arbitration provision is unenforceable.
The decision, published in a written brief by a three-judge panel at the Second U.S. Circuit Court of Appeals, affirmed a 2023 ruling issued by a lower court and paves the way for Flores to move ahead with his lawsuit. Flores initially sued the league and several of its teams in 2022, alleging racial discrimination in hiring practices.
Flores' attorneys hailed Thursday's ruling as "a victory not only for NFL employees, but for workers across the country − and for anyone who believes in transparency, accountability and justice."
"The significance of the Second Circuit’s decision cannot be overstated," attorneys Douglas Wigdor, David Gottlieb and John Elefterakis said in a statement. "For too long, the NFL has relied on a fundamentally biased and unfair arbitration process − even in cases involving serious claims of discrimination. This ruling sends a clear message: that practice must end."
NFL spokesperson Brian McCarthy wrote in an e-mail that the league intends to appeal the decision.
