Brian Flores is seeking to keep his discrimination lawsuit out of arbitration.
In a conference call with U.S. District Judge Valarie Caproni in Manhattan, Flores’ lawyer took the position that it is “unconscionable” to arbitrate Flores’ claims, especially when the arbitrator would be Roger Goodell himself.
While Flores thinks that his claims should play out in United States District Court for all of the world to see, that’s likely contrary to the contract he signed.
I’m not privy to Flores’ specific contract, but as I posted earlier, it is my understanding that all NFL coaches have the same binding arbitration clause language in their agreements.
According to the NFL’s lawyers, those clauses cover claims of discrimination … the exact claims Flores has brought.
While binding arbitration agreements have been under fire lately, they have not gone the way of the dodo-bird 🐦. Aside from issues of sexual harassment/hostile work environment, binding arbitration agreements for the remainder of employment claims are currently enforceable.
Let’s remember, these arbitration agreements are creatures of contract. That means that the parties are agreeing to arbitration as part of the employment relationship.
Flores agreed to arbitration (as most NFL coaches do).
Flores likely has a tough road to wiggle out of his arbitration agreement. I’m not saying it’s impossible. I’d say it’s the equivalent of converting 3rd and 13 … with Mitchell Trubisky as your quarterback.
More content on the Brian Flores discrimination lawsuit: Flores’ Bombshell Lawsuit Has Tough Road To Survive