The first hearing for Brian Flores’ race discrimination lawsuit was held at New York City’s Thurgood Marshall United States Courthouse on Monday. While little new information emerged, the hearing made one point clear: The case could be tied up in a court for a long time.
Appearing before Judge Valerie Caproni, Flores’ attorney Douglas Wigdor insisted that she reject the NFL’s plan to petition the case be dismissed and sent to arbitration. In arbitration, the legal process would become private, confidential and beyond the reach of the media and public.
As reported by ABC News, Wigdor insisted that arbitration would be inherently unjust because NFL commissioner Roger Goodell—whom Flores’ complaint derides as “obviously completely beholden to the team owners who pay him this enormous compensation” and “not independent, unbiased or impartial”— would have the opportunity to serve as the arbitrator.
Wigdor also stressed that part of the case brought by Flores, former Arizona Cardinals head coach Steve Wilks and longtime NFL assistant coach Ray Horton concerns alleged racism in teams not hiring black candidates. This is a potentially key distinction, since even if an employment contract dictates that a fired coach must arbitrate claims against his former team, an unhired coach isn’t bound by an employment contract. “The failure to hire,” Wigdor maintained, “is not subject to arbitration.”
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