NEW YORK — The U.S. Supreme Court declined on May 31, 2026, to hear the National Football League’s appeal of a lower court ruling allowing Brian Flores’ racial discrimination lawsuit against the league to proceed in federal court. The decision lets stand a ruling by the 2nd U.S. Circuit Court of Appeals that the case should be litigated in court rather than through the NFL’s internal arbitration process.
Flores filed the lawsuit in February 2022, alleging racial bias in the NFL’s hiring practices for head coaches and front-office positions. The suit names the NFL, the Denver Broncos, the New York Giants, and the Houston Texans as defendants. Flores alleged that the Giants had already chosen their head coach before interviewing him in 2022, citing a misdirected text message from Bill Belichick as evidence of the Giants’ preselection.
Flores was fired as head coach of the Miami Dolphins in January 2022 after posting a 24-25 record over three seasons without a playoff appearance. He had led the team to back-to-back winning seasons before his dismissal and currently serves as defensive coordinator for the Minnesota Vikings. Two other former coaches, Steve Wilks and Ray Horton, later joined Flores’ lawsuit. Wilks alleged the Arizona Cardinals hired him in 2018 as a “bridge coach” and did not give him a realistic chance to succeed. Horton claimed the Tennessee Titans did not offer him a genuine head coaching interview in 2016.
Court records show Flores has subpoenaed information from 25 NFL franchises as part of the litigation. Attorneys David Gottlieb and Douglas Wigdor, representing the plaintiffs, stated, “The NFL must now accept that its commissioner cannot be the arbitrator over discrimination claims against the league and its teams. We look forward to litigating these claims in court.”
The NFL said it respected the Supreme Court’s decision and is “fully prepared to defend ourselves as this matter proceeds.” Justice Brett Kavanaugh dissented from the Court’s decision not to take up the NFL’s appeal. Approximately 54% of NFL players are Black, more than 9% are multiracial, and 4% identify as Hispanic or Latino.