Two Fundamental Issues–Hiring Practices and Fair Play–in National Spotlight for NFL

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Just when it appeared the spotlight would shine only on the upcoming Super Bowl game, the NFL faces a lawsuit. Brian Flores filed a class-action lawsuit in Manhattan Federal Court, claiming that NFL owners have engaged in racially discriminatory practices regarding the hiring of coaches. The suit also claims that teams undermine competitive advantage and position minority coaches as scapegoats.  


This is yet another off-field matter that has plagued the NFL in the past decade, ranging from Colin Kaepernick’s collusion claim against the league and its owners; the City of St. Louis suing over the departure of the Rams for Los Angeles; the endless stream of turmoil that originates from the Washington Commanders; and the Jon Gruden email saga. However, Flores’ claims arguably are the most severe and impactful on the image of the NFL.

Brian Flores (photo, Fox News)

Flores, who was recently let go as head coach of the Miami Dolphins, alleges that African American and other minority applicants are routinely passed over for coaching vacancies, interviewed only to satisfy requirements established with the Rooney Rule. The Rule, adopted about two decades ago and amended several times since then, requires all NFL teams to seriously consider minority candidates for head coaching vacancies. Teams must engage minority coaches in in-person interviews, typically granted when searches are in the serious stage of the hiring process.

But has the rule worked? In the history of the NFL, there have only been 19 minority head coaches, and that fact underlies Flores’ claim. Flores also brings to bear his personal experiences. In one instance, interviewers showed up over an hour late for an interview, looked physically disheveled, and appeared disinterested. Other minority candidates have reported troubling experiences. Former Bengals coach, Marvin Lewis, felt that he was a “filler” for the Rooney Rule on behalf of the Carolina Panthers. Lewis started hearing reports that another candidate was going to be named to fill the coaching vacancy, but he was reassured that he was the prime candidate. The rumors were true, and the other candidate got the job.

Flores’s claims also extend beyond conflicts with the Rooney Rule. As Dolphins’ head coach, Flores alleges that the team owner asked him to ‘tank his team’ (deliberately lose for draft advantage). Flores was offered $100k per loss, which he refused. The latter claim coincides with Hue Jackson’s allegations. The former Browns coach has reported that he received a bonus at the end of a season. The Browns went 1-15 that year.

These are serious allegations.

Intentional non-compliance with the Rooney Rule is an internal-to-the-NFL violation with legal implications. That said, it has Draconian implications. Incentivizing losses not only contributes to coaches being removed from their positions (for having losing records), but it also feeds perceptions that teams can’t win with minority head coaches.

“Throwing” games is a crime. Horrifying to sports fans, the practice runs contrary to the basic rules of competitive play. It also disrupts the ever-increasing sports betting market that relies on the ability to place wagers with the assumption that neither players nor team management is engaging in manipulative, game-changing behavior.

It will be very interesting to see where this suit goes. But, for all the uncertain variables involved, the one certainty known is that the NFL will fight tooth-and-nail to keep this suit away from any discovery, avoiding the risk of opening Pandora’s Box.

About Jared Good

I’m a student at Penn State Law, and I also love sports. I connect the two by analyzing legal and humanitarian issues that face sports today.



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