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Norm Hall

Two Black coaches, Steve Wilks and Ray Horton, joined the lawsuit that former Miami Dolphins coach Brian Flores <a href="https://www.washingtonpost.com/sports/2022/02/01/brian-flores-lawsuit-nfl-discrimination/" target=_blank>filed against the NFL and its teams</a>, accusing them of racial discrimination in the hiring and retention of minority coaches.

The amended class-action lawsuit, filed Thursday in U.S. District Court for the Southern District of New York, specifies the Houston Texans, Arizona Cardinals and Tennessee Titans as additional named defendants.

Flores’s original lawsuit, filed in February, named the NFL and three teams — the Dolphins, New York Giants and Denver Broncos. It listed all NFL teams as potential defendants. That remained the case in the 100-page amended lawsuit.

NFL will require every team to have minority coach in key offensive role

“I continue to be humbled by the outpouring of support in connection with my claims against the NFL and applaud Steve Wilks and Ray Horton for standing up against systemic race discrimination,” Flores said in a written statement released by his attorneys. “Their claims are the unfortunate reality of the problems facing Black coaches in the NFL which our collective hope in this case is to end once and for all.”

The NFL declined to comment through a spokesman.

“When Coach Flores filed this action, I knew I owed it to myself, and to all Black NFL coaches and aspiring coaches, to stand with him,” Wilks said in a statement. “This lawsuit has shed further important light on a problem that we all know exists, but that too few are willing to confront. Black coaches and candidates should have exactly the same ability to become employed, and remain employed, as white coaches and candidates. That is not currently the case, and I look forward to working with Coach Flores and Coach Horton to ensure that the aspiration of racial equality in the NFL becomes a reality.”

The lawsuit cites Wilks, now a defensive assistant coach with the Carolina Panthers, being fired as head coach of the Cardinals after just one season in 2018. The Cardinals had a record of 3-13 that season.

The suit alleges that Wilks was a “bridge coach” who was “not given a meaningful opportunity to succeed.” The lawsuit says the Cardinals’ dismissal of Wilks “stands in stark contrast” with their retention of General Manager Steve Keim, who was fined and suspended by the team in 2018 after <a href="https://www.nfl.com/news/cardinals-gm-keim-jailed-suspended-for-extreme-dui-0ap3000000940697" target=_blank>pleading guilty to driving under the influence</a>.

“Like many other Black Head Coaches, Mr. Wilks has never been given a second opportunity to become the Head Coach of any other NFL team,” the lawsuit says. “Mr. Wilks is unfortunately not an anomaly or an exception to the rule. To the contrary, the discriminatory treatment towards Mr. Wilks is just part and parcel to the ongoing pattern and practice of discrimination in the NFL when it comes to the NFL’s Head Coach, Coordinator and Executive hiring and employment decisions.”

The Cardinals said in a statement Thursday: “The decisions we made after the 2018 season were very difficult ones. But as we said at the time, they were entirely driven by what was in the best interests of our organization and necessary for team improvement. We are confident that the facts reflect that and demonstrate that these allegations are untrue.”

John McDonnell

The suit accuses the Titans of conducting a “sham interview” with Horton, a longtime NFL assistant coach, for their head coaching vacancy in 2016 to comply with the league’s minority interviewing requirements after deciding to hire Mike Mularkey.

“As Mr. Horton now understands, the rush to interview him was an orchestrated attempt to make it appear that the Titans had complied with the Rooney Rule and otherwise appear to have given an equal opportunity to Black candidates so the team could announce the pre-made decision to hire Mr. Mularkey as Head Coach,” the lawsuit says.

The suit cites a 2020 podcast, quoting Mularkey as saying that the Titans “told me I was going to be the head coach in 2016 before they went through the Rooney Rule” interviews.

“I am proud to stand with Coach Flores and Coach Wilks in combating the systemic discrimination which has plagued the NFL for far too long,” Horton said Thursday in a statement. “When I learned from Coach Mularkey’s statements that my head coach interview with the Titans was a sham, I was devastated and humiliated. By joining this case, I am hoping to turn that experience into a positive and make lasting change and create true equal opportunity in the future.”

The Titans denied the allegations, saying in a statement that their coaching search “was a thoughtful and competitive process fully in keeping with NFL guidelines and our own organizational values” and adding: “No decision was made, and no decision was communicated, prior to the completion of all interviews.”

Flores was fired by the Dolphins in January after a second straight winning season. He is <a href="https://www.washingtonpost.com/sports/2022/02/19/brian-flores-steelers-assistant-coach/" target=_blank>now an assistant coach</a> with the Pittsburgh Steelers. In his original lawsuit, he accused Dolphins owner Stephen Ross of offering him $100,000 per loss by the Dolphins during the 2019 season in a failed attempt to secure the top overall pick in the 2020 NFL draft.

The Brian Flores experience? ‘That’s the reality for most Black coaches.’

The amended lawsuit says Flores “memorialized Mr. Ross’ desire to have Miami lose games” in a Dec. 4, 2019, memo to General Manager Chris Grier and other Dolphins executives.

“In this letter, Mr. Flores detailed the toxicity that existed within the organization and explained the unreasonable position he was being placed in by the team ownership and upper management,” the lawsuit says.

The amended suit says Flores “has been the subject of blatant retaliation” by the NFL, the Texans and the Dolphins since filing his original lawsuit. The suit says the Texans’ organization “retaliated against Mr. Flores by removing him for consideration for its Head Coach vacancy due to his decision to file this action and speak publicly about systemic discrimination in the NFL.”

The Texans instead <a href="https://www.washingtonpost.com/sports/2022/02/07/lovie-smith-texans/" target=_blank>hired Lovie Smith</a>. He was one of two Black head coaches hired this offseason by NFL teams among 10 head coaching vacancies leaguewide. The Dolphins <a href="https://www.washingtonpost.com/sports/2022/02/06/mike-mcdaniel-dolphins-coach/" target=_blank>hired Mike McDaniel</a>, who is multiracial. Smith, the Tampa Bay Buccaneers’ Todd Bowles and the Steelers’ Mike Tomlin are the NFL’s three active Black head coaches.

The Texans said in a statement Thursday that their head coaching search “was very thorough and inclusive” and that Flores “remained a candidate until the very end,” adding: “In the end, we made the decision to hire Lovie Smith as our head coach and we believe he is the best fit for our team moving forward. It was a very fluid process that allowed us to spend time with a number of quality candidates. We are proud of our decision and will vigorously defend our process.”

The league and the teams named in Flores’s initial lawsuit denied the allegations. The NFL has named attorney Mary Jo White to <a href="https://www.washingtonpost.com/sports/2022/03/29/nfl-owners-meetings-goodell/" target="_blank">lead its investigation</a> of Flores’s tanking claims against the Dolphins. Commissioner Roger Goodell and other league leaders have said they <a href="https://www.washingtonpost.com/sports/2022/02/28/nfl-coaching-diversity-troy-vincent-combine/" target="_blank">will consider all options</a> to improve the NFL’s minority hiring. The league enacted diversity measures at the recently completed annual meetings in Palm Beach, Fla., including a new requirement for each team to have a minority coach in a significant role <a href="https://www.washingtonpost.com/sports/2022/03/28/mike-tomlin-nfl-diversity/" target="_blank">on its offensive staff</a>.

The NFL also announced the formation of a new committee of outside advisers on diversity issues. Flores’s amended lawsuit dismissed that step as “an obvious public relations stunt” by the NFL and proposed measures that would include the appointment of an independent monitor.

Associated Press Sports Editors, 2004, fifth place in breaking news story over 250,000 circulation with Leonard Shapiro

Maryland-Delaware-D.C. Press Association, 2003 editorial contest, first place sports story dailies over 75,000

Associated Press Sports Editors, 1997, honorable mention in best news story over 175,000 circulation

War Without Death: A Year of Extreme Competition in Pro Football's NFC East

University of Virginia, BA in rhetoric and communications

Mark Maske covers the NFL for The Washington Post. He has covered the NFL and the Washington Football Team since 1998. He previously covered baseball, the Baltimore Orioles, the effort to bring a major league team to Washington, and colleges.

Mark Maske

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