Filings reveal Flores’ lawyers served subpoenas to 25 teams

Brian Flores’ lawsuit against the NFL intensified this week after court filings revealed that Flores’ legal team has served subpoenas to 25 NFL teams and served more than 1,000 discovery requests in an attempt to obtain leaguewide hiring records and communications related to discrimination claims.

The NFL, the Denver Broncos, the New York Giants and the Houston Texans argued the requests are “punishingly overbroad,” but Flores’ attorneys say the information is necessary to prove systemic discrimination in hiring practices across the league.

Judge Valerie E. Caproni approved a briefing schedule that would have Flores file a third amended complaint on May 20, motions to dismiss on June 5, and briefs in late July and August.

The next few months will center around whether Flores’ claims are strong enough to proceed, and if the case survives, it could lead to the discovery of NFL hiring practices across the league.

Flores, the former Miami Dolphins head coach and now Minnesota Vikings defensive coordinator, has been in a legal fight with the NFL for over four years; a case that currently sits with the Supreme Court. In February 2022, he sued the league and three teams — the Dolphins, Broncos and Giants — for being “rife with racism,” in their hiring and promotion of Black coaches.

Among his allegations: that Dolphins owner Stephen Ross offered him $100,000 per loss in 2019 to help with the team’s draft position and that the Giants and Broncos conducted “sham” in-person interviews with him to comply with the Rooney Rule. He was fired on Jan. 10, 2022, despite leading the Dolphins’ first back-to-back winning seasons since 2003.

Months later, Flores filed an amended complaint, adding allegations that the Houston Texans removed him from consideration for their head coach vacancy because of his lawsuit, and that the Dolphins attempted to claw back money they had paid him in retaliation for filing the suit. Black coaches Steve Wilks and Ray Horton joined the lawsuit and allege they weren’t given genuine opportunities during their respective hiring processes.

A federal judge issued a split ruling in Flores’ lawsuit in 2023, sending some claims, including those against the Dolphins, to arbitration while allowing the broader claims that Flores and other Black coaches face discrimination to proceed in federal court. The NFL appealed that decision, but a federal appeals court allowed those claims to move forward publicly, with the court raising concerns in its ruling about the fairness of an arbitration system that could allow NFL commissioner Roger Goodell to serve as arbitrator.

The NFL has since filed a petition with the U.S. Supreme Court, which could issue a ruling at any time.