NFL Arbitration System Raises Questions About Commissioner Power And Legal Fairness

Brian Flores
Brian Flores (NFL)

Nearly four years after it began, Brian Flores’s lawsuit against the NFL and several teams is moving toward a crucial decision. The NFL has asked the United States Supreme Court to review whether the case should be decided in a public courtroom or forced into private arbitration. Flores, a former Miami Dolphins head coach and current Vikings defensive coordinator, filed the lawsuit in February 2022, alleging discrimination in NFL hiring practices.

NFL Arbitration System Raises Questions About Commissioner Power And Legal Fairness

The central legal question focuses on the fairness of the NFL’s arbitration system. Under league rules, disputes between coaches, teams, and the NFL are handled by the league commissioner, who also has the power to set the arbitration procedures. The NFL argues that this setup is allowed under federal law, while opponents say it creates an obvious conflict of interest because the commissioner works for the team owners.

Brian Flores
Brian Flores (NFL)

By carefully limiting the scope of its petition, the NFL is trying to prevent the case from having broader consequences for businesses across the country. Even so, the league’s purpose is clear. It wants to keep control over how legal disputes involving the NFL and its teams are resolved. Keeping these cases in arbitration allows the league to avoid public court scrutiny and maintain internal authority.

Supreme Court May Decide NFL Arbitration Case and League Commissioner Authority

The United States Court of Appeals for the Second Circuit has already ruled that the NFL’s arbitration process is invalid because it lacks independence. The Supreme Court now must decide whether to review that ruling, even though it accepts only a small percentage of the petitions it receives. If the Court agrees to hear the case, it could take a long time before a final decision is issued.

The outcome of this case could have major implications for professional sports leagues. It will determine whether a league can place its own commissioner in charge of deciding disputes brought against the league itself. The Supreme Court’s ruling will shape not only the future of Flores’s lawsuit but also how much control leagues like the NFL have over their own legal accountability.