Supreme Court Lets Brian Flores' NFL Bias Suit Proceed Against 4 Teams
Updated
Updated · USA TODAY · May 26
Supreme Court Lets Brian Flores' NFL Bias Suit Proceed Against 4 Teams
17 articles · Updated · USA TODAY · May 26
The Supreme Court declined to hear the NFL's appeal, leaving in place a ruling that lets Brian Flores pursue his racial discrimination lawsuit in court rather than before league arbitration.
The 2nd U.S. Circuit Court of Appeals had found the NFL commissioner's role lacked the independence required under federal arbitration law, calling the league's process unworthy of arbitration.
Flores says the Miami Dolphins fired him in 2022 because of his race, the New York Giants and Denver Broncos passed him over for head-coaching jobs, and the Houston Texans later retaliated by dropping him from consideration.
The NFL argues Flores' contract allowed Commissioner Roger Goodell to decide disputes or appoint an independent arbitrator, but lower courts rejected that position and one justice, Brett Kavanaugh, dissented from the Supreme Court's refusal to step in.
With its Rooney Rule now under attack, how can the NFL legally promote diversity in its coaching ranks?
Could secrets revealed in the Flores trial prove more damaging to the NFL than the final verdict?
Does this case signal the end of powerful leagues using private arbitration to handle discrimination claims?
Supreme Court Rejects NFL Appeal, Allowing Flores’ Racial Discrimination Case to Proceed Publicly
Overview
On May 26, 2026, the U.S. Supreme Court rejected the NFL's request to appeal, allowing Brian Flores' racial discrimination lawsuit to move forward to an open court trial instead of private arbitration. This is a notable shift, as the conservative Supreme Court has often supported companies in enforcing arbitration agreements. Now, the lawsuit's proceedings, including evidence and testimonies, will be open to the public. This decision opens the door for a public examination of serious allegations of racial discrimination within the NFL, marking a significant moment for transparency and accountability in the league.