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Afederal court has denied the NFL’s request to force the Brian Flores discrimination case into arbitration, meaning the case is set to be litigated in open court.

In August, a three-judge panel ruled that Flores’ claims against the New York Giants, Denver Broncos, and Houston Texans could not be compelled to arbitration overseen by the NFL, though his claims involving the Miami Dolphins could proceed through that process. But the U.S. Court of Appeals for the Second Circuit on Tuesday declined to grant a full-court rehearing, affirming that those claims must move forward to trial.

The NFL has been involved in a number of legal battles lately, but the ramifications for Flores’ suit going to open court could cause major shockwaves among the league’s majority-Black players.

U.S. Court of AppealsArbitration denied in Brian Flores lawsuit against NFL.

What is Brian Flores Alleging in His Lawsuit?

Flores filed a class-action lawsuit against the NFL and three teams in 2022. In the suit, he accused the league of being “rife with racism” in its hiring practices and claimed he faced racial discrimination during his tenure as head coach of the Dolphins. Flores alleged “systemic racial discrimination in the hiring, retention, and termination of NFL coaches and executives.” He further contended that the Broncos and Giants subjected him to “sham” head-coaching interviews, and that the Dolphins and Texans retaliated against him. The Texans were later added to the case after coaches Steve Wilks and Ray Horton joined the lawsuit as co-plaintiffs.

After filing the lawsuit, Flores acknowledged that taking legal action against the NFL could have jeopardized the coaching career he loves. Still, he said the risk was worth it if his efforts could help bring lasting change and challenge systemic racism in the league for future generations.

The NFL has rejected Flores’ allegations as “without merit” and maintained that his claims should be resolved through arbitration under the league’s constitution. That provision grants Commissioner Roger Goodell the authority to decide certain disputes or appoint an independent arbitrator to handle them. Because coaches agree to the NFL constitution when signing their employment contracts, the league argued the arbitration clause applies to Flores’ case.

In 2023, Judge Valerie Caproni’s ruled that the clause does cover Flores’ claims against the Dolphins, since he was employed by the team at the time. However, she determined it does not extend to his claims against the NFL or the other teams. The appeals court upheld that decision, finding the arbitration process unfair because it allows Goodell to influence who oversees disputes involving the league—or even himself personally.

In the ruling, Caproni wrote that the coaches’ accounts of racial discrimination within the NFL were “deeply troubling,” noting the league’s “long history of systemic discrimination against Black players, coaches, and managers.”

“Although the clear majority of professional football players are Black, only a tiny percentage of coaches are Black,” she said.

Flores’ Attorneys Argue the NFL Stalling

In September, Flores’ legal team filed a motion asking the court to reconsider the 2023 order that had sent parts of the case to arbitration.

At the time, Flores’ attorneys told ESPN that “Any attempt by the NFL to further delay and avoid litigation of these claims should respectfully be rejected.”

But the arbitration process has not moved since legal briefs were exchanged in December 2024. “As such,” Flores’ attorneys said, “the entire arbitration has been in a complete standstill and effective stay.”

Flores Considered One of Best Coordinators in NFL

Flores spent the 2022 season as an assistant coach with the Pittsburgh Steelers before taking over as the Minnesota Vikings’ defensive coordinator in 2023. Under his leadership, Minnesota’s defense has ranked among the league’s best this year, allowing just 1,449 yards through five games—the sixth-fewest in the NFL. Known for his highly aggressive play-calling, Flores has turned the Vikings into one of the league’s top blitzing defenses. After the 2024 season, he interviewed for head coaching jobs with the Chicago Bears, Jacksonville Jaguars, and New York Jets but did not advance past the initial round of interviews.

Flores has had two former quarterbacks publicly express disdain for him. Tua Tagovailoa characterized him as a “terrible person” who frequently told him that he “suck[ed].” Based on this account, it appeared that Tagovailoa viewed Flores’ termination as linked to his performance rather than his race. While Ryan Fitzpatrick said Flores had become a “dictator” by the end of his tenure with the club and that he “broke” Tagovailoa. Both quarterbacks could be witnesses if and when the case goes to trial.