The Supreme Court has declined to hear an appeal from the NFL attempting to move racial discrimination claims made by a Black coach out of federal court and into arbitration proceedings controlled by the league. This decision keeps the federal ruling intact, which prevents the NFL from forcing Brian Flores, former Miami Dolphins head coach and current Minnesota Vikings defensive coordinator, to arbitrate workplace bias claims through a process overseen by NFL Commissioner Roger Goodell.

The appeal involved three teams: the New York Giants, the Denver Broncos, and the Houston Texans. Flores has accused the NFL of systemic discrimination against Black coaches in his 2022 lawsuit. He claims that the NFL and various teams discriminated against Black candidates for coaching and management positions, violating federal and state laws.

Flores filed the lawsuit after his firing as head coach of the Miami Dolphins, despite the team having two consecutive winning seasons. He alleged he experienced “sham interviews” with the Giants and Broncos, conducted to satisfy the Rooney Rule. This rule, established in 2003, requires interviewing minority candidates for coaching jobs due to historically low numbers of minority NFL head coaches.

Two additional Black coaches, former Arizona Cardinals head coach Steve Wilks and former NFL assistant coach Ray Horton, joined Flores in the lawsuit. The lawsuit aims to prompt the NFL to make systematic changes, such as incentivizing teams to hire Black coaches and general managers and requiring teams to provide written explanations for hiring and termination decisions.

The NFL denies accusations of racial discrimination and argued the lawsuit should be dismissed or sent to arbitration. However, a New York federal judge in 2023 ruled that some of Flores’ claims of discriminatory practices against Black coaches should be heard in federal court, while other elements could proceed to private arbitration.

The 2nd U.S. Circuit Court of Appeals in New York upheld this decision, agreeing that parts of Flores’ claims belonged in federal court. The court found a clause in the NFL constitution, granting Goodell arbitrary arbitration power, “plainly unenforceable.” They noted that such an arrangement would not afford Flores meaningful arbitration.