Former Dolphins coach Brian Flores sued the NFL and multiple teams (Dolphins, Giants, Broncos, and later the Texans) in February 2022. More than three years later, a federal appeals court has officially taken up the question of whether certain claims will be sent to arbitration controlled by the league or will unfold in traditional, open-court litigation.
An oral argument occurred today. The entire session lasted more than 80 minutes, with many questions from the three-judge panel to which the case was assigned.
We’re currently listening to the entire argument, which has been posted by the U.S. Court of Appeals for the Second Circuit.
The losing party will have the right to seek relief before the U.S. Supreme Court. And if the NFL loses, it undoubtedly will. Which will serve only to continue to drag out the case even longer.
Regardless of whether the NFL prevails on its effort to force arbitration, the fact that the NFL can make the straight-faced effort to force all claims made against the league and its teams into arbitration controlled by Commissioner Roger Goodell necessarily slams the brakes on the entire process.
For years.
That’s why, at some point, a broad, comprehensive, and final challenge to this practice is needed. Either it’s fine and dandy for a company to let the CEO be the judge and jury for all disputes involving the company and its workforce, or it’s not.
That’s the question that needs to be resolved, once and for all and for good. By truly neutral and impartial judges, untainted by politics or money or anything other than a fundamental sense of what’s right, and what’s wrong.
Is it right for the CEO of a company to serve as the judge for claims made against the company? Or is there a better and more fair (and/or less unfair) way to do this?
