No matter how far society seems to advance, reminders are often delivered that there’s still more distance to travel.
Brian Flores, the former Miami Dolphins head coach and longtime assistant coach with the New England Patriots, provided another reminder Tuesday of that distance when he sued the NFL and three teams in federal court. Flores alleges the league, the Dolphins, the New York Giants and the Denver Broncos of racial discrimination.
The NFL in recent years has seen varying forms of unity or calls to action against alleged racism and social justice issues. Colin Kaepernick, the former 49ers quarterback, would kneel during the national anthem to protest racial injustice. Players wear different messages on their helmets to bring race to the forefront such as “Black Lives Matter” and “End Racism.”
But Flores could move the conversation forward in a way that would have ripple effects for years.
“It’s unprecedented. We’ve never see a lawsuit of this kind, a lawsuit against the league, individual teams,” said UNH Franklin Pierce School of Law professor Michael McCann. “This is a case that could potentially last for years and for the NFL, that’s something (it’s) going to have to grapple with.”
McCann is a well-regarded figure in sports law and has provided coverage of several instances where sports and law clash including the infamous “Deflategate” case. He spoke about how long the process will take just for the NFL to file an answer in court and it will likely try to dismiss the case.
“That will be a key turning point (if it’s dismissed),” McCann said. “If it’s dismissed, Flores can appeal, but (dismissal) would be a significant turn of events in favor of the NFL. If the case is not dismissed, then that’s a huge event as well because it would go into pre-trial discovery.”
If the case indeed does go into the discovery phase, McCann said that’s when the NFL would have to turn over different kinds of documentation ranging from emails and text messages to witnesses under oath whose testimonies could make a difference one way or another.
Flores got his coaching start on Patriots’ head coach Bill Belichick’s staff at the start of the 2008 season and since then has risen the ranks from a special teams assistant, to defensive play caller and the last three seasons as the Dolphins head coach.
With the Dolphins, Flores guided them to a 24-25 record and won the last eight out of nine games in his tenure in order to secure his second consecutive season with a winning record.
The question was, why did he get fired after such success?
According to Flores’ lawsuit, Dolphins owner Stephen Ross offered bribes for intentional losses in order to secure a better draft pick during Flores’ first season. It’s alleged Ross also wanted Flores to violate the league’s tampering rules by recruiting a prominent quarterback – allegedly Tom Brady.
His lawsuit concludes by him making the claims that he was cast out as the “angry Black man” because of his refusal to concede with Ross’s alleged requests. Flores’ suit claims that his race was a factor in his firing and that he wasn’t given the same time length as other newly hired coaches to succeed.
Flores now joins a long list of former minority coaches who were fired after short stints with their respective teams including: Vance Joesph (Broncos), Tony Dungy (Buccaneers) and Hue Jackson (Browns).
All of these allegations have been denied by the NFL and its varying teams, but this is a moment of intersection for a league that is filled with minority athletes but led by predominately white coaches.
Typically when a minority coach has been fired, the folks on ESPN and other national platforms take a stand for the coach. But for the one who faces the public affair and uses it to promote change?
Take his words on the matter.
“I understand that I may be risking coaching the game that I love and that has done so much for my family and me. My sincere hope is that by standing up against systemic racism in the NFL, others will join me to ensure that positive change is made for generations to come,” Flores said in a statement Tuesday.
Flores’ lawsuit is perhaps the biggest domino in a long line of recent racial and social movements in the NFL. It differs from other movements, like Kaepernick’s, in that it drives more than just conversation.
It has the potential to create newfound accountability in hiring and retention at the highest levels of the sport.
This restarts and intensifies the conversation of race and its place in a league where a vast majority of its employees are minorities.
Flores’ lawsuit reminds us that while the progress society has made is all well and good, there’s still more to achieve and more distance to travel.