The NFL has come a long way from when the league quietly, yet firmly, rejected the idea of having Black quarterbacks or Black coaches. Change eventually came, but only after years of resistance, public pressure, and legal scrutiny. This resistance was striking, given that the majority of players in the league have long been Black, while ownership has remained almost entirely in the hands of white billionaires reluctant to alter the status quo.
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Before the Rooney Rule was introduced, Black coaches were rarely considered for head coaching roles. And if they did land the job, their tenure was often short-lived, even with a winning record. Breaking into the coaching ranks was a long, uphill battle, with many taking years to get a shot at leading a team.
The Rooney Rule aimed to level the playing field, but the results tell a different story. Today, only five head coaches in the NFL are Black, and just seven in total come from minority backgrounds. That’s why it was no surprise when Brian Flores took a stand, suing the NFL and several teams over what he described as discriminatory hiring practices that continue to shut Black coaches out of opportunities.
So how does the NFL handle disputes against itself, its teams, or its commissioner? Typically, it tries to push these cases into arbitration, and guess who the arbitrator is? None other than commissioner Roger Goodell himself.
Flores wasn’t having it. He took the matter to court and scored a major victory when the Court of Appeals for the Second Circuit ruled that certain claims in his lawsuit would not go to arbitration, allowing those claims—filed against the Giants, Broncos, and Texans—to proceed in court.
Shannon Sharpe weighed in on the ruling, calling it a huge step toward ending the NFL’s unfair arbitration practice. He argued that there needs to be an independent body to handle lawsuits and complaints against the league and its teams. After all, how can there be true impartiality when the Commissioner, whose job is to represent the league, also acts as judge and jury in cases brought against it?
“If I got a speeding ticket, I shouldn’t have to go appeal it to the Chief of Police because it’s his department that gave me the ticket. I always thought it was unfair. The NFL hands down this punishment, and if I want to appeal it, guess who’ll appeal it to? The Commissioner. How is that fair? They have always been able to hide Article 46. He is everything- he’s the jury, he’s the judge, he’s everything. That is so unfair.”
Sharpe pointed to the infamous Article 46 and how Goodell continues to hide behind it. Under Article 46 of the Collective Bargaining Agreement, the NFL Commissioner has the power to hand out punishments and impose discipline on players. He claims this authority helps maintain the integrity of the league and preserve public confidence in the game.
While he consults with the NFLPA, the process becomes questionable when a player wants to appeal a fine or punishment. The appeal goes right back to the commissioner, the same person who issued the punishment in the first place. If that’s not the definition of unfair, it’s hard to say what is.
As for the court’s decision in the Brian Flores case, the NFL disagreed with the Second Circuit’s ruling and will be seeking a further review of it.
