NFL Discrimination Case Intercepted Before It Makes It to Arbitration, Sports Business Journal

In an article published by Sports Business Journal, New Era Chairman and Co-Founder Collin Williams looks at a headline-making discrimination case against the National Football League (NFL). Brought by Brian Flores, the case touches on diversity in coaching, the scope of league power, and the limits of arbitration agreements in employment law.

In his case, Flores alleges minority coaches are often interviewed to “check a box” rather than seriously considered, and that retaliation can follow those who speak out. Collin outlines the allegations and notes, “By filing as a putative class action, Flores positioned the case as a challenge to systemic discrimination in NFL hiring.”

As Collin points out, “This case underscores a broader trend: Courts are increasingly skeptical of arbitration clauses that tilt too heavily toward the drafter… Arbitration was meant as a faster, cheaper alternative to litigation. But many employers have weaponized it as a shield against liability.”

The case is far from over, but the lesson is clear: “If you want arbitration to work, it must be fair. For everyone else, the case is a reminder that courts are increasingly unwilling to rubber-stamp arbitration clauses that abandon due process.”

Read Collin’s article in Sports Business Journal here.