Former Dolphins Coach Brian Flores Hits NFL with Class Action Over Alleged Racial Discrimination

Former Miami Dolphins head coach Brian Flores has filed a proposed class action against the NFL and each of its teams over the league’s apparent history of systemic racial discrimination in the hiring of Black individuals for coaching and management-level positions.

Flores, who was fired by the Dolphins this off season after winning back-to-back seasons, alleges in the damning 58-page complaint that the National Football League “lives in a time of the past” and remains “rife with racism,” particularly in the hiring and retention of Black head coaches, coordinators and general managers. The lawsuit states that although the NFL and its 32 franchises have been given numerous opportunities over the years to do the right thing, nothing has changed. Rules implemented to combat racism, namely the Rooney Rule, which requires teams to interview at least two minority candidates in connection with any head coaching vacancy, are not working, Flores alleges.

“In fact, the racial discrimination has only been made worse by the NFL’s disingenuous commitment to social equity,” the complaint, filed in New York’s Southern District Court on February 1, says, describing the “racially segregated” NFL, whose labor pool is approximately 70 percent Black, as “managed much like a plantation.”

The case, filed on the first day of Black History Month, looks to represent an estimated group of at least 40 Black head coaches, offensive and defensive coordinators, quarterback coaches, and general managers, as well as Black applicants for those positions. The relief sought by the proposed class action includes an increase in the influence of Black individuals in high-level hiring and firing decisions, an increase in the objectivity in hiring and firing decisions, the implementation of a training program for lower-level Black coaches, and complete transparency from the NFL and its teams with respect to the pay for every general manager, head coach, and offensive and defensive coordinator.

Flores alleges he was bribed by Dolphins owner to “tank”

Central to the case is Flores’s experience this off season in trying to secure another head coaching job after being fired by the Dolphins in January. Flores says that although the purported reason behind his termination was “poor collaboration,” he was doomed from the start of his tenure with the AFC East team in 2019 when he refused Dolphins owner Stephen Ross’s directive to “tank” in order to secure the first pick in the draft. Flores alleges Ross offered him $100,000 for every game the Dolphins lost.

After the 2019 season, Ross began to pressure Flores to recruit a “prominent quarterback” in violation of the NFL’s tampering rules, the case claims. Although Flores repeatedly refused, Ross invited the coach onto his yacht for lunch sometime in the winter of 2020 and, shortly after he arrived, he was told the “prominent quarterback” had “conveniently” arrived at the marina. The complaint alleges this was an obvious attempt by Ross to set up a supposedly random meeting between Flores and the quarterback. The incident did nothing to improve Flores’s standing with the team, the lawsuit relays.

“Mr. Flores refused the meeting and left the yacht immediately,” the suit reads. “After the incident, Mr. Flores was treated with disdain and held out as someone who was noncompliant and difficult to work with. From that point forward, Mr. Flores was ostracized and ultimately he was fired.”

After his firing, Flores was “subsequently defamed” in the media and league as someone who was “difficult to work with,” the suit says. The lawsuit scathes that this inaccurate characterization is “reflective of an all too familiar ‘angry black man’ stigma” often cast upon Black men who stand up for their convictions, while white men are “coined as passionate for those very same attributes.”

Most recently, Flores had secured an interview to be the next head coach of the New York Giants, who fired Joe Judge after several disappointing seasons. The lawsuit says Flores came to learn—through an erroneous text from New England Patriots head coach Bill Belichick—that his “opportunity” with the Giants, however, was merely a sham through which the team could satisfy its interview obligations under the Rooney Rule.

“Sorry – I f***ed this up.”

According to the complaint, Flores was “forced” to sit through a dinner on January 26 with new Giants general manager Joe Schoen despite knowing that the team was already planning to give the head coaching job to former Buffalo Bills offensive coordinator Brian Daboll. The following day, the case says, Flores had to endure an extensive interview for a job he knew he would not get as the team, according to the suit, already made its hiring decision and disclosed it to third parties.

The case alleges this interview was given by the Giants “to demonstrate falsely to the League Commissioner Roger Goodell and the public at large that it was in compliance with the Rooney Rule.”

As the case tells it, this “insidious form of discrimination” on part of the Giants, who have never had a Black head coach in team history, would have gone unnoticed had Belichick not mistakenly disclosed to Flores via text message three days before his interview that Daboll had already been chosen for the job:

In the text exchange, Belichick, seemingly believing he was texting with Brian Daboll, and not Brian Flores, congratulates the other on landing the job. In response, Flores asked Belichick if he had heard something Flores didn’t, to which Belichick responded “Giants?!?!?!”

Flores then texted “I interview on Thursday. I think I have a shot at it,” to which Belichick replied the following: “Got it – I hear from Buffalo & NYG that you are their guy. Hope it works out if you want it to!” Here, however, is where Flores seems to suspect Belichick is unaware of which Brian he is texting.

Flores – ‘That’s definitely what I want! Hope you’re right coach. Thank you.’
Flores – ‘Coach, are you talking to Brian Flores or Brian Daboll. Just making sure.’
Belichick – ‘Sorry – I f***ed this up. I double checked & I misread the text. I think they are naming Daboll. I’m sorry about that. BB’”

The suit states that Flores was not only denied the Giants head coaching job but humiliated in the process by being subjected to a sham interview with no legitimate chance of securing the role.

The lawsuit goes on to allege that the foregoing situation is not even the first instance of Flores undergoing a sham interview with a team looking to satisfy its Rooney Rule obligations. In 2019, Flores met with the Denver Broncos to interview for their then-vacant head coach position, and, per the complaint, the meeting was ultimately a façade (emphasis added):

“Indeed, in 2019 Mr. Flores was scheduled to interview with the Denver Broncos. However, the Broncos’ then-General Manager, John Elway, President and Chief Executive Officer Joe Ellis and others, showed up an hour late to the interview. They looked completely disheveled, and it was obvious that they had drinking [sic] heavily the night before. It was clear from the substance of the interview that Mr. Flores was interviewed only because of the Rooney Rule, and that the Broncos never had any intention to consider him as a legitimate candidate for the job. Shortly thereafter, Vic Fangio, a white man, was hired to be the Head Coach of the Broncos.”

Rooney Rule is not working, lawsuit alleges

The lawsuit describes the NFL’s track record with race relations as “tortured and unacceptable” and claims the league, from its earliest iteration in the 1920s to the present day, has been “mired in a culture that lacks inclusivity and where a barrier to entry still exists today for Black professionals in leadership.”

Although the league may have been well intentioned in implementing the Rooney Rule two decades ago, it has become clear that the measure is not working, the lawsuit stresses, pointing to the disparity between the number of Black players on the field and the number of Black head coaches, coordinators and quarterback coaches. Moreover, the Rooney Rule is crippled by the failure of those in management positions to conduct job interviews in good faith, the case alleges, arguing that the rule ultimately “creates a stigma that interviews of Black candidates are only being done to comply with the Rooney Rule rather than in recognition of the talents that the Black candidates possess.”

NFL, teams respond to the class action

In response to the proposed class action, the NFL stated:

The NFL and our clubs are deeply committed to ensuring equitable employment practices and continue to make progress in providing equitable opportunities throughout our organizations. Diversity is core to everything we do, and there are few issues on which our clubs and our internal leadership team spend more time. We will defend against these claims, which are without merit.”

Further, the Miami Dolphins responded to the suit on February 1 by denying the allegations, stating:

We are aware of the lawsuit through the media reports that came out this afternoon. We vehemently deny any allegations of racial discrimination and are proud of the diversity and inclusion throughout our organization. The implication that we acted in a manner inconsistent with the integrity of the game is incorrect. We will be withholding further comment on the lawsuit at this time.”

Lastly, the Giants reaffirmed their commitment to Daboll and maintained Flores was always legitimately considered for the position:

We are pleased and confident with the process that resulted in the hiring of Brian Daboll. We interviewed an impressive and diverse group of candidates. The fact of the matter is, Brian Flores was in the conversation to be our head coach until the eleventh hour. Ultimately, we hired the individual we felt was most qualified to be our next head coach.”

The complaint can be found below.

Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter here.