{"id":4520,"date":"2022-03-04T10:24:29","date_gmt":"2022-03-04T16:24:29","guid":{"rendered":"https:\/\/blogs.luc.edu\/compliance\/?p=4520"},"modified":"2022-03-04T10:24:29","modified_gmt":"2022-03-04T16:24:29","slug":"will-congress-crack-down-on-the-nfl","status":"publish","type":"post","link":"https:\/\/blogs.luc.edu\/compliance\/?p=4520","title":{"rendered":"Will Congress Crack Down on the NFL?"},"content":{"rendered":"<p><em>Krista Solano<\/em><\/p>\n<p><em>Associate Editor <\/em><\/p>\n<p><em>Loyola University Chicago School of Law, JD 2023<\/em><\/p>\n<p>Within the past few years, the NFL has faced a plethora of scrutiny. Recent sexual harassment and discrimination allegations have pushed the NFL into Congress&#8217; agenda. Congressional roundtable discussions have highlighted the importance of regulating the NFL, but no changes have been made yet.<\/p>\n<p><strong>NFL\u2019s newest hurdle<\/strong><\/p>\n<p>On February 1, 2022, Brian Flores filed a <a href=\"https:\/\/int.nyt.com\/data\/documenttools\/brian-flores-nfl-lawsuit\/44f04359fa5bb496\/full.pdf\">class action complaint<\/a>, alleging discrimination during his interview processes with the Denver Broncos and New York Giants and his recent firing from the Miami Dolphins. After serving a role as an assistant coach for the New England Patriots for ten years, Flores was interviewed for head coaching positions within the NFL. In his 58-page lawsuit, Flores also alleges his 2019 head coach interview with the <a href=\"https:\/\/www.espn.com\/nfl\/story\/_\/id\/33194862\/brian-flores-sues-nfl-others-former-miami-dolphins-coach-alleges-racism-hiring-practices\">Denver Broncos<\/a> only occurred to satisfy the Rooney Rule. His complaint states many of his interviewers arrived late and hungover, clearly not interested in his interview.<\/p>\n<p>The <a href=\"https:\/\/nflcommunications.com\/Pages\/NFL-EXPANDS-ROONEY-RULE-REQUIREMENTS-TO-STRENGTHEN-DIVERSITY.aspx\">Rooney Rule<\/a> requires NFL teams to interview at least one diverse candidate for many prominent empty positions within the franchise. For head coaches, the Rule mandates the franchise to interview two minority coaching candidates, requiring one interview to be in person.<\/p>\n<p>The lawsuit further alleges that Dolphins owner, Stephen Ross, attempted to persuade Brian Flores to purposely lose games to increase the franchise\u2019s draft position. As part of Ross\u2019 alleged scheme, he offered Flores <a href=\"https:\/\/www.espn.com\/nfl\/story\/_\/id\/33194862\/brian-flores-sues-nfl-others-former-miami-dolphins-coach-alleges-racism-hiring-practices\">$100,000<\/a> for every game that the Dolphins lost in the 2019 season. Moreover, Flores alleges Ross instructed him to recruit a well-established quarterback at the end of the 2019 seasons, violating the NFL\u2019s tampering rules. Flores claims his decision to not comply with Ross\u2019 requests resulted in being treated as a difficult employee. Although he brought the franchise\u2019s first back-to-back winning seasons since 2003, Flores was fired on January 10, 2022.<\/p>\n<p>Following his dismissal from the Dolphins, Flores spoke with the New York Giants and scheduled an interview on <a href=\"https:\/\/www.espn.com\/nfl\/story\/_\/id\/33194862\/brian-flores-sues-nfl-others-former-miami-dolphins-coach-alleges-racism-hiring-practices\">January 27, 2022<\/a>. New England Patriots\u2019 coach, Bill Belichick, mistakenly texted Flores, congratulating him for getting the job three days before Flores\u2019 interview was even scheduled. It turned out the Giants had decided to hire Brian Daboll, and Bill Belichik had incorrectly texted the wrong Brian. Subsequently, Flores was hired for an assistant position with the Pittsburgh Steelers, and his lawyer has stated that he continues to pursue his lawsuit against the NFL<\/p>\n<p><strong>Culture of sexual harassment within the Washington Commanders<\/strong><\/p>\n<p>On February 3, 2022, the House Oversight Committee held a <a href=\"https:\/\/time.com\/6145931\/congress-nfl-flores\/\">roundtable<\/a>, discussing report of sexual harassment within the Washington Commanders\u2019 franchise (formerly known as the Washington Redskins and Washington Football Team). The roundtable followed a series of 2020 <a href=\"https:\/\/www.washingtonpost.com\/sports\/2020\/07\/16\/redskins-sexual-harassment-larry-michael-alex-santos\/\"><em>Washington Post<\/em><\/a> articles that discussed multiple inappropriate situations within the Commanders\u2019 franchise. Multiple women have accused team owner, <a href=\"https:\/\/www.npr.org\/2022\/02\/09\/1079682707\/nfl-snyder-washington-commanders-investigation\">Daniel Snyder<\/a>, of sexual harassment.<\/p>\n<p>In July 2021, the NFL published a brief statement of investigational findings, excluding any specifics. Commissioner Roger Goodell claimed the brief findings were sought out to protect the anonymity of the accusers. Formers Commanders\u2019 employees and members of the Oversight committee were unsatisfied with the summary. The House Oversight Committee Chair Carolyn Maloney sent a <a href=\"https:\/\/time.com\/6145931\/congress-nfl-flores\/\">letter<\/a> to Goodell demanding a formal report on the findings and supporting documents.<\/p>\n<p><strong>Congressional action<\/strong><\/p>\n<p>Illinois Rep. <a href=\"https:\/\/time.com\/6145931\/congress-nfl-flores\/\">Bobby Rush<\/a> wrote a letter to House Subcommittee Consumer Protection and Commerce chairwoman, Jan Schakowsky, requesting a subcommittee to investigate the systemic racism in the NFL. The letter points out that although seventy percent of NFL players are Black, there is currently only one Black head coach. Additionally, the NFL has never had a Black owner. In comparison, the NBA currently has 12 Black head coaches, and the MLB has two Black managers. Rush seeks to hold the NFL more accountable and increase diversity on and off the football field. He urges Jan Schakowsky to swiftly hold a hearing on the issue. As of now, it is unclear if such hearing will occur.<\/p>\n<p><strong>What could Congress do?<\/strong><\/p>\n<p>The House Oversight Committee holds the power to <a href=\"https:\/\/time.com\/6145931\/congress-nfl-flores\/\">compel<\/a> the NFL to provide documents and engage in interviews about any subject, including sexual harassment and racism. Given history, Congressional change is uncertain.<\/p>\n<p>Congress has given the NFL leeway in the past. A <a href=\"https:\/\/time.com\/6145931\/congress-nfl-flores\/\">1961 law<\/a> allows the NFL to bypass antitrust laws, allowing the sale of television rights as a collective unit. Moreover, the <a href=\"https:\/\/time.com\/6145931\/congress-nfl-flores\/\">NFL backed out<\/a> of its promise to donate millions to the National Institutes of Health, following the league\u2019s acknowledgement of chronic traumatic encephalopathy (CTE). Taxpayers footed the $16 million cost.<\/p>\n<p>It is unclear what, if any, steps Congress will take to regulate the NFL.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Within the past few years, the NFL has faced a plethora of scrutiny. Recent sexual harassment and discrimination allegations have pushed the NFL into Congress\u2019 radar. Congressional roundtable discussions have highlighted the importance of regulating the NFL, but no changes have been made yet.<\/p>\n","protected":false},"author":84,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[80],"class_list":["post-4520","post","type-post","status-publish","format-standard","hentry","category-athletic-regulation","tag-nfl-sportsregulation-compliance"],"_links":{"self":[{"href":"https:\/\/blogs.luc.edu\/compliance\/index.php?rest_route=\/wp\/v2\/posts\/4520","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blogs.luc.edu\/compliance\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blogs.luc.edu\/compliance\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blogs.luc.edu\/compliance\/index.php?rest_route=\/wp\/v2\/users\/84"}],"replies":[{"embeddable":true,"href":"https:\/\/blogs.luc.edu\/compliance\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4520"}],"version-history":[{"count":0,"href":"https:\/\/blogs.luc.edu\/compliance\/index.php?rest_route=\/wp\/v2\/posts\/4520\/revisions"}],"wp:attachment":[{"href":"https:\/\/blogs.luc.edu\/compliance\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4520"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blogs.luc.edu\/compliance\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4520"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blogs.luc.edu\/compliance\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4520"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}