It begins with a question you’ve probably thought but never asked out loud: Who watches the watchers? In Flores v. NFL, the Second Circuit answered clearly: No one with power should get to judge claims against themselves. In a unanimous and resounding decision, the court held that forcing Brian Flores, a Black NFL coach, to arbitrate his racial bias claims under a system completely controlled by the league and its commissioner is not just unfair, it’s unlawful. That ruling marks a critical turning point not just in sports, but for every workplace that relies on arbitration contracts.
In Flores’s case, the NFL had included a clause in its Constitution, granting Commissioner Roger Goodell complete and final authority over any dispute. That meant the person you’re supposed to be able to challenge would also decide the outcome of your complaint. The Second Circuit didn’t see that as arbitration at all. Judge José Cabranes wrote that such an arrangement is arbitration “in name only” and violates basic legal assumptions. The clause failed to meet the standard of neutrality or fairness required by the Federal Arbitration Act. In short, it never should have been enforced. Findlaw+7Reuters+
Why is this important beyond the NFL? Because arbitration clauses like these aren’t unique to sports. In employment contracts, especially in workplaces across New York, you’ll often find boilerplate provisions forcing disputes into private forums, without an independent arbitrator or real procedures. Flores stands as a potent reminder: no arbitrary system, even if labeled “arbitration,” can be enforced if it’s stacked against the person seeking justice. Bloomberg LawGLI.
For employees, this ruling offers more than hope; it injects accountability. Imagine an employee experiencing workplace discrimination, only to be told that their only remedy is through an arbitration set up by the person they’re accusing. That’s what Flores rejected. Whether the bad actor is a boss, a corporate committee, or anyone else in authority, a system that grants them unilateral power to decide their case cannot be tolerated. If your employer’s policies require arbitration, you may have legal grounds to challenge those provisions, especially when they gatekeep your right to hold someone in power accountable.
At Risman & Risman, P.C., we believe everyone deserves a fair process, whether they’re a football coach or a staffer in a Midtown office. We’ll stand with you to challenge systems that are rigged from the start. If your employer has tied your hands with an arbitration clause written to favor them, reach out. We’ll help you reclaim your right to fair and impartial justice.