The Supreme Court on Tuesday refused to intervene in a discrimination lawsuit led by former Miami Dolphins head coach Brian Flores against the NFL, allowing the case to proceed toward trial.
The justices rebuffed an appeal from the league, which wanted the case handled through its arbitration process rather than open court in New York. Justice Brett Kavanaugh dissented from the decision not to hear the case.
Flores, who's Black, sued the league and three teams in February 2022, alleging the league was “rife with racism” regarding its hiring practices when it comes to Black coaches. He was later joined in the lawsuit by fellow Black coaches Steve Wilks and Ray Horton.
Flores, who was fired by the Dolphins shortly before the suit was filed, is now the Minnesota Vikings' defensive coordinator.
The NFL has argued Flores should go through arbitration rather than the legal system, but lower courts have sided with the plaintiffs. The league said it respected the Supreme Court decision, which allows lower-court rulings to stay in place, but is "fully prepared to defend ourselves as this matter proceeds.”
David Gottlieb and Douglas Wigdor, attorneys for the plaintiffs, said they were pleased with the decision. “The NFL must now accept that its commissioner cannot be the arbitrator over discrimination claims against the league and its teams. We look forward to litigating these claims in court,” they said in a statement.
Flores was fired after posting a 24-25 record over three years without a playoff appearance. The Dolphins did have back-to-back winning seasons before Flores was dismissed.
Flores sued the NFL as well as the Denver Broncos, the New York Giants and the Houston Texans. He interviewed with the Broncos in 2019 and the Giants and Texans in 2022.
Wilks, who was fired as the New York Jets' defensive coordinator in December, joined the lawsuit by claiming the Arizona Cardinals in 2018 hired him as a “bridge coach” — promoting him to interim coach after they fired another coach but then passing over him for the full-time role. He said the Cardinals didn’t provide him with a realistic chance to succeed.
Horton, who last coached in the NFL in 2019, alleged the Tennessee Titans didn’t offer him a genuine interview for the head coaching position in 2016.
