Brian Flores' bitter discrimination case against the NFL takes fresh twist as Supreme Court gets involved
The NFL has petitioned the United States Supreme Court in its latest effort to move a racial discrimination lawsuit into a controversial arbitration process governed by commissioner Roger Goodell.
In August, the 2nd U.S. Circuit Court of Appeals in Manhattan upheld a previous ruling allowing current Minnesota Vikings defensive coordinator Brian Flores and his co-plaintiffs' lawsuit against the league and three of its teams to proceed. At the time, Circuit Judge Jose A. Cabranes ruled Goodell does not have protection from the 1925 Federal Arbitration Act because the league process 'provides for arbitration in name only.'
Now the league is petitioning the Supreme Court determine if an arbitration process is valid if one party can effectively overrule the other.
Under 'Question Presented' in the petition, league and team attorneys from Wharton & Garrison LLP asked: 'Whether arbitration agreement governing disputes in a professional sports league is categorically unenforceable under the Federal Arbitration Act because it designates the league commissioner as the default arbitrator and permits the commissioner to develop arbitral procedures.'
By specifically applying the petition to a 'professional sports league,' the league narrowed the scope of any potential ruling – something Pro Football Talk NFL insider and West Virginia University law school grad Mike Florio sees as a smart move.
'The NFL has wisely narrowed the question, given that the reasoning (if applied throughout corporate America) would empower other companies to attempt to rig the in-house arbitration process by putting employment disputes in the hands of the CEO,' Florio wrote for PFT.
Brian Flores, who sued the NFL in 2022, coached one of the best defenses in football in 2025
'Still, the league's position is clear — it wants the Commissioner to retain power over disputes involving the NFL and the various teams that have hired and that handsomely compensate the Commissioner,' Florio added.
In 2022, Flores sued the NFL, Dolphins, Giants and Broncos, saying the league was 'rife with racism,' particularly in its hiring and promotion of black coaches.
Flores, who is of black and Honduran descent, brought the lawsuit after he was fired by Miami, where he led the Dolphins to a 24-25 record over three years.
At the heart of Flores' lawsuit is the league's Rooney Rule, which requires teams to interview minority candidates from outside the organization for top coaching and front-office positions. Flores believes this rule is simply a fig leaf to mask racist hiring practices.
To illustrate this point, Flores' lawsuit included text messages from his former boss, legendary New England Patriots head coach Bill Belichick, who is seen congratulating his long-time defensive assistant for getting the Giants' head-coaching position.
The problem was, Flores had yet to even interview for the job.
Brian Flores served under Bill Belichick as the linebackers coach in New England, where he also called plays for a team that would go on to beat the Los Angeles Rams in Super Bowl LIII
Apparently, Belichick intended to text another Brian, Daboll, who had already interviewed twice and was ultimately hired for the position. (Daboll was ultimately fired during the 2025 campaign)
Belichick's text message to his former assistant began with the iconic coach writing: 'Sounds like you have landed - congrats!!'
A confused Flores responded: 'Did you hear something I didn't here?
'I interview on Thursday,' Flores added. 'I think I have a shot.'
Belichick assured him that he does.
'Got it. I hear from Buffalo & NYG that you are their guy. Hope it works out if you want it to!!'
Flores then told his mentor that he hoped he's right before questioning whether Belichick reached out to the right person.
'Coach, are you talking to Brian Flores or Brian Daboll. Just making sure.'
Belichick quickly realized his shocking fumble.
'Sorry. I f***ed this up. I double checked and misread my text. I think they are naming Daboll. I'm sorry about that. BB'
The now-shattered Flores signed off: 'Thanks Bill.'
As a result, Flores' attorneys claimed in the 2022 lawsuit, he was forced to sit through a humiliating interview with the Giants, who had apparently already settled on Daboll.
'... Mr. Flores had to give an extensive interview for a job that he already knew he would not get—an interview that was held for no reason other than for the Giants to demonstrate falsely to the League Commissioner Roger Goodell and the public at large that it was in compliance with the Rooney Rule,' the filing read.
Flores's lawsuit, filed in Manhattan Federal Court, included text messages in which Bill Belichick, his former boss, mistakenly congratulated him for getting hired by the Giants
Flores' lawsuit also included the allegation that Dolphins owner Stephen Ross offered him $100,000 for every loss in 2021 to help the Dolphins get the first pick of the NFL Draft in 2022. Ross then allegedly pressured Flores to recruit a prominent quarterback in violation of the league's tampering rules. When Flores refused, he was cast as the 'angry Black man' who is difficult to work with and was derided until he was fired, the suit said.
The Dolphins responded to the lawsuit when it was filed by saying it vehemently denied any allegations of racial discrimination and was 'proud of the diversity and inclusion throughout our organization.'
Likewise, the NFL, Giants and Broncos have denied any wrongdoing in the case. Co-plaintiffs Steve Wilks and Ray Horton, both of whom are black, supported Flores's accusations of discriminatory hiring and firing practices by league teams.
Flores' contract in Minnesota is set to expire with the 9-8 Vikings' season officially over. But he is expected to be in demand, if not as a head coach, then as one of the most sought-after defensive coordinators in football. Despite Minnesota's offensive struggles in 2025, the Vikings defense ranked third in the NFL in yards allowed at just 282.6 per game.
Although Flores had an up-and-down stint as head coach of the Dolphins, he made a name for himself in New England, where effectively served as the team's defensive coordinator en route to a Super Bowl LIII victory.
As previously reported by Florio, Las Vegas Raiders minority owner Tom Brady is interested in reuniting with the former Patriots assistant. Flores could also draw interest from the Dallas Cowboys, who are apparently retaining head coach Brian Schottenheimer as they look for a defensive coordinator to improve one of the league's worst units.
