Supreme Court to decide if NFL Commissioner can unilaterally arbitrate racial discrimination claims

Brian Flores can pursue racial discrimination claims against the NFL, the New York Giants, the Denver Broncos, and the Houston Texans in federal court rather than through the league's internal arbitration process. This outcome follows a 2nd Circuit Court of Appeals ruling that the NFL's arbitration agreement is unenforceable under the Federal Arbitration Act. The court found the provision fails to resemble traditional arbitral practice by submitting statutory claims to the unilateral substantive and procedural discretion of the NFL Commissioner, the chief executive of one of the adverse parties.

The dispute began in 2022 when Flores filed a class-action lawsuit alleging a pattern of racist hiring practices and claiming his status as a Black man influenced the Dolphins' decision to fire him and the Giants' and Broncos' decisions not to hire him. The NFL and the teams sought to compel arbitration, citing the NFL Constitution, which grants the Commissioner full, complete, and final jurisdiction and authority to arbitrate any dispute between players, coaches, or clubs. While a federal district judge previously compelled arbitration for claims involving specific employment contracts, that judge declined to do so for Flores' claims against the league and several teams.

The NFL, the Broncos, the Giants, and the Texans have petitioned the Supreme Court to review the 2nd Circuit's decision, arguing that the Federal Arbitration Act protects the parties' chosen arbitration procedures and the choice of arbitrator. The Supreme Court will consider the petition at a private conference on Friday.