NFL Discrimination Suit’s Road to Open Court Is a Game Changer, Published in Bloomberg Law

In an article published on March 20 in Bloomberg Law, Segal McCambridge Senior Associate Masood Syed Ali discusses why Judge Valerie Caproni's ruling in Flores v. National Football League could keep the dispute in federal court instead of arbitration and what that means for public access to the NFL's hiring practices. He explains how public access to the NFL’s hiring process can increase the scrutiny of the league’s hires and may pressure other sports organizations to reassess their diversity interview policies, such as the Rooney Rule.

"The class action alleges employment discrimination on the basis that several coaches—including plaintiffs Brian Flores, Steve Wilks, and Ray Horton—didn’t obtain head coaching positions in the NFL because of their race. Historically speaking, the NFL has sought to remedy this situation through the Rooney Rule," Ali writes.

The article explains the factual background driving the dispute, including Flores' allegation that his interview with the New York Giants was a sham conducted to satisfy the Rooney Rule. It also outlines the strengths and weaknesses of both Flores and the Giants’ claims. 

“The pressing issue is whether this case should be in arbitration versus open court," said Ali. “Ultimately, the dispute over the forum is very consequential because it will determine how much of the NFL’s hiring practices become visible to the public.” 

Read the article in full, click here (subscriber-based).