Brian Flores sues NFL for racism, got text messages as proof

The new and improved sham interviews will be interesting. SNL has to make that a skit.

 

https://theathletic.com/3187744/202...al-monitor-of-nfls-minority-hiring-practices/

Spoiler

Former Miami Dolphins head coach Brian Flores plans to ask a federal court to appoint a judicial monitor to oversee the NFL’s minority hiring, his lawyer told The Athletic.

Flores, whom the Dolphins fired in January after three seasons, sued the NFL and a trio of teams last month for racial discrimination. The case is shining a light on the NFL’s struggle to achieve racial diversity in its front offices and coaching ranks, especially head coaches.

NFL commissioner Roger Goodell, in response to the lawsuit, called the poor track record of hiring Black head coaches “unacceptable,” and promised a complete review of the league’s diversity practices. That includes considering whether to discard the 21-year-old Rooney Rule, the policy that Flores calls a sham, and requires teams to interview minorities for coaching and key front-office positions.

One of Flores’ lawyers, Douglas Wigdor, said the NFL can’t be trusted any longer to police itself.

“One of the things we’ll be really going into in more detail about, the relief that we’re seeking, is an outside court-appointed monitor of the NFL,” Wigdor said. “Because, you know, we’ve seen over time that even though they implemented the Rooney Rule many years ago, which essentially is the NFL policing itself, the data is complete, conclusively showing that they’re unable to police themselves and remedy the situation that they find themselves in. And it’s not surprising when the commissioner is selected by the owners and is paid for by the owners.”

Wigdor pointed as a model the 2007 lawsuit against the New York City Fire Department for allegedly discriminating against Black applicants. That case resulted in a federal court in 2013 appointing a court monitor to oversee the department’s compliance with the judicial rulings seeking to make the application process nondiscriminatory.

The NFL declined to comment when asked about Flores’ plan to seek a court monitor. The league, however, is familiar with special judicial oversight. The NFLPA in the early 1990s filed a series of lawsuits challenging the NFL’s block of free agency.

The parties ultimately settled in 1993, resulting in all subsequent litigation between the parties overseen by a federal court judge in Minnesota. The judge stayed in that role until 2011 when the NFL negotiated into that year’s new collective bargaining agreement an end to federal oversight.

The NFL is almost certain to oppose a judicial monitor of its hiring practices. Goodell has promised to bring in outside experts to help him review diversity policies, but relinquishing control is sure to be a step too far for the owners.

Wigdor said, “Our view is that even though the commissioner has made some statements, since our lawsuit, that they want to remedy these situations and implement new policies and practices, we don’t have the confidence, frankly, that they can do that on their own, and that an outside court-appointed monitor is necessary.”

NFL teams do not appear to view the issues as starkly. Steelers owner Art Rooney II noted that three of the seven GM openings this offseason were filled by Black men (Flores is now a Steelers coach). And the Giants forcefully rejected that Flores was a box to check off to meet the Rooney Rule requirement. The Giants interviewed Flores for its head coach vacancy. The team hired Brian Daboll, who is White.

But the problem appears pronounced when three of 32 head coaches are Black in a league where the majority of players are Black. Last month, Atlanta Falcons owner Arthur Blank proposed bringing teams with diversity problems before the commissioner for an intense exam of their practices.

Flores’ court monitor push is part of an amended complaint scheduled to be filed April 8, Wigdor said. That complaint could have another Black coach named as a plaintiff and lists the Houston Texans as a new defendant. Wigdor declined to comment when asked about this.

The Texans declined to hire Flores but did tap Lovie Smith, who is Black, as their new head coach. Flores is also suing the Dolphins, Giants and Denver Broncos, who also interviewed him for a head coach vacancy.

The NFL is not due to legally respond to the Flores complaint until April 11, but the league is likely to seek to move the case to arbitration, as it does with most litigation brought by employees or owners. Clauses in NFL employment contracts, and the league’s constitution, require arbitration.

Flores this week participated in a panel discussion with two Congressmen — Rep. Hank Johnson (D-Ga.) and Rep. Hakeem Jeffries (D-N.Y.) — to push for a bill that would disallow forced arbitration in discrimination claims.

“With forced arbitration, my case will be litigated behind closed doors, confidentially and without transparency, essentially done in secrecy,” Flores said. “With forced arbitration, there won’t be a jury of my peers who will hear my claims, which is one of the most important and fundamental rights we have in this country.”

Perhaps Flores’ most explosive allegation is that Dolphins owner Steve Ross offered him bribes to lose games to get a better draft position.

On the panel discussion, Wigdor said even if the case is moved to arbitration, Flores’ bribery charges can still be publicly disclosed. Flores has said he has evidence of the bribe offers, but so far hasn’t disclosed it.

The NFL is investigating the bribe accusation. Ross denied the accusation, calling it defamatory.

“I am a man of honor and integrity,” Ross said in a statement last month. “I take great personal exception to these malicious attacks, and the truth must be known. His allegations are false, malicious and defamatory.”

On the panel discussion this week, Flores said the Dolphins were urging the NFL to move his lawsuit to arbitration because they don’t want a fair process. Asked about this contention, the Dolphins did not reply for comment.

The NFL, Broncos and Giants have yet to show their hand on whether they will seek arbitration. Wigdor notes though that Loretta Lynch, the former U.S. Attorney General and Paul Weiss partner, is representing the NFL and Dolphins (the court docket lists her as counsel for all the defendants).

“Our hope is that they don’t (seek arbitration) because the commissioner has said that they’re trying to deal with these issues,” Wigdor said. “He’s recognized that there are issues and I think that the first, easy logical step would be to waive any potential arbitration argument that they might have. Because to Brian’s point, which is accurate: It’s hard to make change unless there’s a transparent process.

“And our hope, our sincere hope, is that the NFL takes the lead on that in terms of race discrimination, but I guess time will tell.”

 

LOL.

NFL: Ppl r mad! we need 2 hire moar minoritee!

Really high paid consultants: Our analysis shows that the majority of your head coaches are hired from the ranks of coordinators, especially offensive coordinators.

NFL: k so new rool all team must have black guy as OC *pats self on back*

Really high paid consultants: That's not what we....

NFL: WE'VE DID IT BOYS RACISM IS OVER!

 

Well..... Mike Mularkey will never work in the NFL again.

 

He retired from coaching 9 months before that interview, and good on him for saying what he did.

Crazy that the interview was in Oct 2020 and is just coming out now. Great job, NFL media.

 

So let's get this straight, A Horton hears a who, but the NFL says it's all Mularkey.

 

Seriously though, Mularkey is only one witness. It will need corroboration to counter the hire date. JRob may cry. He's weak enough to cave, but he loses everything if he does.

 

Diverse Person

snicker

 

You get a bunch of older, white billionaires in a room together and you end up with the modern NFL hiring practices.

It isn't even as simple as "We won't hire black candidates", it's more subtle with language like, "I was comfortable with ___ as my coach" or "I like __ , he is someone I can relate to, lets give him a chance."

Equality and equity are two different things.

 

Even if Flores didn't have the lawsuit, I am not sure he would have been hired. I am pretty sure Caserio wanted to keep Pep and Lovie. What if Flores didn't? It was rumored Gannon opted out because he wouldn't have full control of his staff. Now the coaching search was an absolute sh*t show, maybe McCown would have been hired if not for the lawsuit. I just don't know how much the lawsuit prevented Flores from being hired.

 

There was no way in HELL that any NFL team was going to hire Flores as their HC after he publicly complained of discrimination and then filed suit.

The only teams that would have him in the building in any role would be the Steelers and possibly the Seahawks.

Why>? If for no other reason, an owner doesn't want an employee that is the face of their franchise that will complain or go public with discrimination within their organization.

Essentially Flores was viewed as a trouble maker.

I am not saying it is right...... it reminds me of why Branch Rickey choose Jackie Robinson as the first black MLB player. There were a number of more accomplished and older players that were more deserving.... but Robinson was the player that they felt would endure the hate and comments and not complain publicly.

 

^as it is, I'm surprised the Steelers want him in any capacity for that reason. thought for sure the NFL would have worked something out with him already for him to even have a place.

Even beyond the Rooney rules, Sham interviews etc, he definitely deserves compensation for the BS Miami asked of him, which is something the NFL probably cares about

 

Which the owners have every right to do.

 

Apparently Ross made the mistake of hiring Flores to begin with. Apparently Ross wasn't racist when he hired Flores or Greir for that matter. He only became a racist when he fired Flores. Never mind the fact that he hired another minority to replace Flores.

 

My comment was less about the racial stuff ("even beyond the rooney rule"). I was more talking about an owner asking, incentivizing a coach to throw games. If only that happened I believe Flores should be compensated.

But paradoxically no i don't think it's impossible to hire someone of color with racist motivations. If for instance it's perceived that Flores was someone Who could be controlled in that way, because he would be so grateful to have the position in the first place, do anything to keep it, and/or perceived as being less morally resolute. I can't help but wonder If Ross would have felt as comfortable asking a white head coach to throw games, violate the integrity of the game And possibly the law, then fire them because they won't play ball, compromise their principles for extra $100k per play.

I wouldn't assume either way, not impossible, but who knows what's in someone's mind? So my only definitive opinion in all this, is that he deserves to be compensated, If he was asked to throw games for money, then fired for not cooperating... Anyone should in such a impossible position, black or white. That's enough for me, beyond the Rooney rule and racial stuff.