On Thursday, July 18, 2024, 12 law professors and scholars with expertise in arbitration and dispute resolution filed an amicus brief in support of Brian Flores’ ongoing dispute against the National Football League. The amicus brief argues, consistent with arguments set forth in our filings, that it is “highly problematic” for Roger Goodell to be permitted to serve as the arbitrator of these disputes. The amici argue that allowing Mr. Goodell to serve as arbitrator would undermine the norms of fundamental fairness that have been commonplace in the arbitration community for decades. Moreover, the amici argue that allowing Mr. Goodell to act as arbitrator could further erode employee’s rights by inspire other corporations to adopt a similar structure in which a company representative is the sole arbitrator over an employee’s claims of discrimination. We are extremely grateful for the amici’s support on this important issue which impacts the rights of millions of employees across the country.
The full amicus brief can be read here.