On Thursday, the NFL expressed intent to file a motion to force Brian Flores’ racial discrimination lawsuit against the league and multiple teams into arbitration.
Flores’ lawsuit, filed on the first day of Black History Month this past February, has the potential to force the disclosure of the NFL’s dirty laundry, like Jon Gruden’s emails, which they’ve hidden for so long.
Exposure of these types of conversations is their worst fear, so they’re taking action to prevent it.
Flores’ legal team sees the move for what it is- an attempt to eliminate transparency.
“We have said from the start that if the NFL wants to create change, the first step is to allow for transparency,” said one of Flores’ attorneys, Douglas H. Wigdor, in a statement. “The NFL’s attempt to force these claims into arbitration demonstrates an unmistakable desire to avoid any public accountability and ensure that these claims are litigated behind closed doors in a forum stacked against our clients.”
The clients Wigdor is referring to are Flores, former Cardinals’ head coach Steve Wilks and former Titans’ defensive coordinator Ray Horton, who both joined Flores’ federal lawsuit earlier this month. They both added their own allegations of discrimination in the hiring and firing practices of both teams.
The NFL fears that if the case proceeds to a jury trial, discovery could ensue. That means that relevant documents from both parties could be shared and, potentially, exposed.
That could prove Flores’ case, and it could prove other things as well.
The NFL’s intended move comes a month after Flores’ legal team claimed that the Miami Dolphins were “trying to push” the allegations claimed in the lawsuit against the team “into secret arbitration proceedings that lack transparency.”
Ironically, it also comes after the league promised transparency if Flores’ claim that Dolphins owner Stephen Ross offered him $100,000 for each game lost in 2019 was proven true.
Normally, contract disputes are settled in arbitration.
But this is no normal contract dispute.
This is bigger than the NFL gridiron and Flores, Wilks and Horton understand what they’re risking.
“It’s hard to speak out,” said Flores to CBS in February. “But this is bigger than football. This is bigger than coaching.”
They also understand that their actions today will impact the future careers of Black coaches.
“I understand that I may be risking coaching the game that I love and that has done so much for my family and me,” stated Flores. “My sincere hope is that by standing up against systemic racism in the NFL, others will join me to ensure that positive change is made for generations to come.”
If the NFL moves forward with its push for arbitration, Flores and his team will be ready.
“We will fight this request in court, but Mr. Goodell should have done the right thing, disclaimed arbitration altogether and allowed this case to be tried before a jury representing a cross-section of the community, just like those who watch football.”
This could be the instigation needed for additional Black coaches to join Flores’ lawsuit and expose the behavior and practices we’ve long suspected (known) exist in the NFL.
