In August 2025, Former Miami Dolphins head coach Brian Flores scored a significant procedural victory in his discrimination lawsuit against three of the National Football League’s (NFL) teams (Denver Broncos, New York Giants, and Houston Texans). The U.S. Court of Appeals for the Second District denied the NFL’s request to compel arbitration and found that the NFL’s arbitration process contains serious flaws, including that it permits commissioner Roger Goodell to serve as the arbitrator. This landmark decision opposes the NFL’s standard procedures of funneling employee disputes into private arbitration. 

A History of The Claims: 

In February 2022, after being terminated as the head coach of the Miami Dolphins, Brian Flores filed a lawsuit against the NFL for alleged racial discrimination in the NFL’s hiring process. Though Miami went 24-25 in his most recently concluded season, Flores was still relieved of his position as head coach. After termination, Flores applied to the Denver Broncos, New York Giants, and Houston Texans for the same position previously held with Miami.

Although Flores possesses a long history of successful coaching and has fourteen years of experience, he was denied the position by all three teams in 2022. Flores coached with the New England Patriots in several different positions from 2008 to 2018, where he helped coach the team to four Super Bowl Championships and worked with the legendary Bill Belichick.

Flores has been open in stating how the NFL is racially segregated in certain aspects. He has called attention to the fact that, out of its thirty-two owners, none are Black. Flores also stated his belief that the interviews he received with other teams were to satisfy the NFL’s Rooney Rule. This mandates that every team “must interview a minority candidate for head coach, general manager, and top assistant coach positions.” The NFL implemented these rules in 2003 in an effort to increase diversity amongst the high positions within the NFL.

An Eye-opening Text: 

Prior to his interview with the Giants, Flores received a text from Bill Belichick. The following is how the conversation is described within the lawsuit through screenshots.

“Sounds like you have landed – congrats!!” Belichick texted to Flores.

“Did you hear something I didn’t hear?” Flores replied.

Belichick responded, “Giants?!?!?!”

Flores responded, “I interview on Thursday. I think I have a shot at it.”

“Got it – I hear from Buffalo & NYG that you are their guy,” Belichick replied.

Later, seeking clarification, Flores texted, “Coach, are you talking to Brian Flores or Brian Daboll? “Just making sure.”

“Sorry… I doubled-checked & I misread the text. I think they are naming Daboll. I’m sorry about that. BB”

After this confusing conversation, Flores then conducted his interview a few days later with a full understanding that he has minimal odds of being offered this position.

The NFL’s Push for Arbitration:

The NFL moved to compel arbitration, noting this standard in coaching contracts. In 2023, District Court Judge Valerie Caproni ruled that Flores’s claims against the Dolphins, as well as claims brought by co-plaintiffs and former coaches Steve Wilks and Ray Horton against their former employers (the Arizona Cardinals and Tennessee Titans) must be pursued through arbitration based on the coaches’ contracts. 

However, Flores did not have contracts with the Broncos, Giants, and Texans. Caproni ruled that Flores could proceed with his claims through trial rather than arbitration. This was further upheld by the Second Circuit in August 2025. The Second Circuit expressed its dissatisfaction with the NFL’s arbitration provision. The court stated that this provision “contractually provides for no independent arbitral forum, no bilateral dispute resolution, and no procedure. Instead, it offends basic presumptions of our arbitration jurisprudence by forcing claims to be decided by the NFL's principal executive officer.” The Second Circuit criticized the NFL’s arbitration as an “arbitration in name only.”

Should the Second Circuit’s Reasoning be Applied to the Miami Case?

In September 2025, Flores and his co-plaintiffs filed a motion with the Second Circuit requesting reconsideration of the court’s earlier decision to arbitrate their claims against the teams they specifically worked for. They argue that the recent ruling in August, which allows claims against the Giants, Broncos, and Texans to proceed in court, should also apply to their remaining claims based on the reasoning the Second Circuit stated. Flores stated that the prior ruling “constitutes definitive controlling law.”

The Fight for Change:

Flores is hoping to lead a change within the NFL in terms of racial discrimination. “The people who make the decisions and the people who are working – the players, 70% are Black, and the people who are making decisions, the majority are White… what we are trying to do with this lawsuit is really create change. I think that people talk about it. We implement a policy here, a policy there. I’m not looking for fluff policies.” After filing this lawsuit, Flores expressed that he understands the risk of losing the coaching career he loves. However, he insists it would be worth the loss for generations to come if he could succeed in challenging this systemic racism.

Katherine Vescio is a 2L at University of Gonzaga School of Law. She can be found on LinkedIn.