Court rejects NFL request to move Brian Flores case to arbitration

A court has denied the NFL’s request to move the Brian Flores discrimination case to arbitration, according to Front Office Sports’ Margaret Fleming. The case must be heard in open court.

In August, a three-judge panel ruled Flores’ claims against three teams – the New York Giants, Denver Broncos and Houston Texans could not be forced into arbitration, controlled by the NFL – while his case against the Miami Dolphins could. However, the U.S. Court of Appeals for the Second Circuit denied a full-court review of that decision, stating the claims must be heard in open court.

Flores filed a class-action suit against the NFL in 2022, along with the Giants, Broncos and Dolphins. He accused the NFL being “rife with racism” during its hiring processes and also alleged racial discrimination during his time in Miami, where he served as head coach. The Texans were added as defendants after the initial filing as Steve Wilks and Ray Horton joined as plaintiffs.

In September, Flores’ attorneys filed for reconsideration of a 2023 arbitration order. His attorneys argued, “Any attempt by the NFL to further delay and avoid litigation of these claims should respectfully be rejected.”

After the 2023 order, NFL commissioner Roger Goodell named Peter Harvey as the arbitrator for issues out of the lawsuit, according to ESPN. However, the arbitration process has not moved since legal briefs were exchanged in December 2024, according to Flores’ attorneys.

“As such,” they wrote, via ESPN, “the entire arbitration has been in a complete standstill and effective stay.”

Brian Flores is in his third season with the Minnesota Vikings as defensive coordinator, taking the role after a year under Mike Tomlin with the Pittsburgh Steelers in 2022 following his filing. Minnesota has allowed the sixth-fewest yards this year, giving up 1,449 yards across five games this season in Flores’ system. He’s known as one of the most aggressive defensive play-callers in the league, and the Vikings have been among the top teams when it comes to blitzing.

Over the last few coaching cycles, Flores has also been a candidate for head coach opportunities. He notably interviewed with the Chicago Bears and New York Jets this past offseason before ultimately staying in Minnesota.

During his time with the Dolphins, Flores had a 24-25 record. That includes a 10-6 mark in the COVID-impacted 2020 season, which saw Miami finish second in the AFC East.