Brian Flores wants the NFL to reject the Miami Dolphins’ request for an arbitration hearing regarding the coach’s class action lawsuit filed against the team and the league alleging racist hiring practices.
Flores’ attorney sent a letter to NFL commissioner Roger Goodell on Wednesday, urging him to deny Miami’s request and allow the case to go to court.
“Arbitration is not transparent,” attorney Douglas H. Wigdor wrote in his letter. “In fact, arbitration is, by its very nature, a secret process that takes place behind closed doors and outside of public scrutiny. The lack of transparency in arbitration only serves to maintain the status quo — which in this case, is one that you yourself have acknowledged should be fairly assessed and potentially revised. That would not happen in arbitration. In addition to being secret and confidential, it is an accepted fact that arbitration represents a barrier to justice for victims of discrimination and other misconduct.”
Hired as a defensive assistant by the Pittsburgh Steelers last month, Flores filed a lawsuit against the NFL, the Dolphins, the New York Giants and the Denver Broncos after being fired by Miami.
Flores led the Dolphins to two straight winning seasons but was fired in January.
“The claims we are bringing involve important issues regarding systemic discrimination and the integrity of NFL football games,” Flores said in a statement filed by his attorney. “Unfortunately, the Dolphins and their attorneys, Quinn Emanuel and Paul Weiss, are trying to push the claims into secret arbitration proceedings that lack transparency.
“There are currently ongoing legislative efforts to end forced arbitration in racial discrimination claims, which I support. And I hope the NFL and the Dolphins will support those efforts as well. Commissioner Goodell now has a decision to make. Will you allow this case and future allegations of racial profiling to be resolved in a transparent and public legal process, or will you continue down the same unacceptable path?”
Flores’ lawsuit alleges the NFL discriminated against him and other black coaches on racial grounds, denying them the position of head coach, offensive or defensive coordinator and quarterbacks coach, as well as the job of general manager.
Of Honduran roots, Flores also claims that Miami offered to pay him $100,000 for each loss during his first season with the team in 2019 in an effort to improve his draft position.
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