The latest development in the ongoing legal dispute between Brian Flores and the NFL is a notable, if unsurprising, one. The league formally requested a federal court send the matter to arbitration, as detailed by Daniel Kaplan of The Athletic.
The move was widely expected, as the NFL clearly stated its intentions of doing so much earlier in this process. As its filing indicates, arbitration is the “preferred venue” for the league to settle disputes such as this one. It argues that little precedent exists for courts to handle the internal matters of sports leagues, which, it further states, is the purview under which Flores’ bribery allegations against Dolphins owner Stephen Ross (along with his other claims) should fall.
The league is also attempting to get former coaches Steve Wilks and Ray Horton – who joined Flores’ suit as co-plaintiffs in April – to “sever their cases and file separate arbitration claims.” Just as those decisions come as little surprise, so to does the response made by Flores himself.
“With forced arbitration, my case will be litigated behind closed doors, confidentially and without transparency, essentially done in secrecy,” he said in March, knowing arbitration would be a strong possibility. Given the scope of his allegations made against the league in general, and the Dolphins, Texans, Giants, Broncos (and, after the addition of Wilks and Horton, the Cardinals and Titans), public proceedings would understandably be the plaintiff’s preferred avenue.
Flores was hired by the Steelers as the team’s linebackers coach in February, less than a month after his lawsuit was filed. Kaplan notes, however, that his contract has yet to be formally signed off by commissioner Roger Goodell, something which is standard practice for NFL employment contracts. He adds that the pact “had a minor adjustment [made to it] shortly before the filing, but nothing that will hold it up.”
As a busy offseason for the league continues with respect to off-the-field issues, this legal battle could take a notable turn in the near future if its move for arbitration is allowed to go through. Even in that event, this appears set to remain a significant storyline.
Flores is a moron but the NFL and particularly goodell are unrepentant scumbags. It’ll be interesting to see it play out let’s cross our fingers this goes to discovery and everyone gets to see how these guys really talk behind closed doors
Goodell is a complete scumbag!! I hope Flores takes the NFL to the cleaners & Roger gets removed!!
No one in this case is on the side of the right. It’s bad all around.
I think its great that the NFL got their d-ck caught in the machinery while trying to look like they care about diversity. I’d like to see a bunch of Latinos and Asians join this suit, as Flores’ claims of discrimination apply doubly to them.
The man was replaced by another man the team felt would do the job better. It’s that simple. Florida is legally a “right to work” state, therefore employers can terminate at will. Not saying I agree with that, but that’s the law in Florida and many other states. Such is the case and that’s that. Using the color of one’s skin – white, brown, yellow, or purple – as a means of fighting termination is appalling.
Racism has no place in society and public cases like this just makes it worse.
And he was replaced by a black man.
Legally this is an interesting point
Being a right to work state has nothing to do with this. Right to work states still cannot fire you for being in one of the protected classes, like race, gender, etc. That is exactly what Flores is alleging, whether or not he can meet the legal burden of proof that was the cause is obviously another story, but in terms of the nature of this lawsuit, being in a right to work state is irrelevant.
Also I think you’re confusing right to work vs employment at will. Right to work essentially means you can’t be forced to join a union and employment at will means you do not have to prove termination was due to just cause. But in either case, discrimination is illegal, and shin, that’s what Flores is saying.
I feel like there are two actions at play, the Flores suit and the attempt by the NFL to stifle it internally via Kangaroo court. This should be a transparent process, but clearly that is what the league wants to avoid. If the Flores charges were a big nothing burger, the NFL would buy a Prime Time slot on ESPN to let their faultlessness shine.
Playing devils advocate to your last statement, if the Flores burger contained any beef, he shouldn’t be concerned whether the ruling occurred privately or in public. If he has to rely on public sentiment to gain an edge his case may not be that strong on it’s own merits.
It’s not public sentiment his lawyers care about, it’s the pressure on the NFL. No company as big as the NFL wants their dirty laundry aired in the papers.
The NFL has been dealing with dirty laundry issues for decades and has an entire staff dedicated to damage control. They have become pretty effective at presenting a favorable spin for the public too as the continued strong viewer ratings indicate.