(CNN) — The Supreme Court declined Tuesday to take up an appeal from the National Football League in a and other Black coaches who have claimed racial discrimination.
By passing on the appeal, the court鈥檚 decision leaves in place an appeals court ruling that allowed the lawsuit to go to trial and rejected an effort by the league to force Flores into arbitration.
Flores, who is currently the defensive coordinator for the Minnesota Vikings, was previously a coach with the New England Patriots, the Miami Dolphins and the Pittsburgh Steelers. He sued the league in 2022, claiming systematic racism when it came to the hiring and promotion of Black coaches.
The NFL sought to force Flores and two other coaches into arbitration, an to resolve disputes viewed as less favorable to plaintiffs. But the New York-based 2nd US Circuit Court of Appeals in February balked at that effort, allowing Flores to take his claims against the league to court.
Justice Brett Kavanaugh dissented from the decision to not hear the case.
Flores won in the appeals court because of how the : It designates the league commissioner, Roger Goodell, as the default arbitrator. The 2nd Circuit said that arrangement provided 鈥渇or arbitration in name only.鈥�
US Circuit Judge Jose Cabranes, nominated to the bench by President Bill Clinton, wrote that the NFL鈥檚 process 鈥渇ails to bear even a passing resemblance鈥� of traditional arbitration procedures.
鈥淚t contractually provides for no independent arbitral forum, no bilateral dispute resolution, and no procedure,鈥� Cabranes wrote. Instead, he said, it 鈥渙ffends basic presumptions of our arbitration jurisprudence鈥� by submitting Flores鈥� claims to the discretion of one of his opponents in the case, the NFL.
鈥淎n employer 鈥� whether a professional sports league, restaurant, retail store or otherwise 鈥� cannot force employees to arbitrate statutory employment discrimination claims before the employer鈥檚 own chief executive,鈥� Flores鈥� attorneys told the Supreme Court.
But the NFL told the justices in its appeal that the appeals court ruling would give judges 鈥渇ree-floating discretion鈥� to invalidate arbitration requirements based 鈥渟olely on their subjective determinations鈥� that some of the procedures are 鈥渦nfair.鈥� That, the NFL said, 鈥渦ndermines the very predictability and uniformity鈥� that federal arbitration law requires.
The conservative Supreme Court has repeatedly beefed up the ability of companies to enforce arbitration agreements.
The-CNN-Wire
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