The U.S. Supreme Court on Monday denied a petition by the NFL, New York Giants, Denver Broncos and Houston Texans to review Minnesota Vikings defensive coordinator Brian Flores’ race-based employment discrimination lawsuit. The league contends the dispute should be reviewed in arbitration.
Flores v. NFL has ramifications beyond the NFL since several pro leagues entrust their commissioner with authority to oversee disputes involving teams and their employees and to arbitrate related employment and contractual claims. Stated differently, if NFL commissioner Roger Goodell can’t serve as arbitrator for an employment dispute involving a coach and several teams, it becomes less certain whether, for example, NBA commissioner Adam Silver can serve as the arbitrator in disputes involving owners or referees.
The Supreme Court will only grant a review when at least four justices vote in favor. The Court stated that Justice Brett Kavanaugh, who in the NFL Sunday Ticket antitrust litigation has voiced support for the NFL being able to operate with latitude given its joint venture structure, would grant the petition for review in Flores v. NFL.
Neither the Court’s denial nor Justice Kavanaugh’s dissenting position were accompanied by any explanation.
