Introduction

         Several theories could be helpful to shed lights on the situation.

i) Critical Race Theory: Coined by Sandra Harding, this theory posits that race is a “social construct”, while bias and prejudice have influence on the individual and its product. This theory is more than 40 years old and is a movement that was started by scholars and activists, trying to study the change within power, and race. This theory can apply to see how Whites may be the “primary beneficiaries” of coaching positions in the NFL.

ii) Adaptive Structuration Theory (AST): Invented by M. Scott Poole, the theory looks at groups/organizations and how they create/make rules which are supposed to be resources, as defined by structures. I will look at NFL as an organization to see how its rules are supposed to give equal opportunities, if they are doing so, and if not how.

iii) Social Justice Theory: Invented by John Rawls, this theory that highlights that justice should be for all and stipulates equal access to all components of life. The main four principles of social justice theory: equality, access, participation, and rights. I will look whether the NFL is offering equal access, participation, and rights to all potential coaches.

 Discussion of literature

There has been vast research and analysis on the matter of anti-discrimination measures in sports.

Prof. Gentry (2012) who is a professor for strategic communication at the University of Kansas, is known for analyzing sports and reporting them. Gentry states how coaches’ contracts are becoming more and more lucrative, even at the high school and college level He goes on to state examples like: Mark Richt, Brady Hoke, Turner Gill, etc. (none of these lucrative contracts that these coaches signed are minorities). Prof. Gentry explains: “You’re starting to see coaches being required to sign an M.O.U. (an agreement of mutual understanding/acceptance) before even coming to the campus/organization, before they can have the final interview.”[ii]

Negotiation (2015)[iii] describes contracts as “complex, and never predictable”. Negotiations are always complex, however, in a professional sport, even more, let alone in the NFL: The article highlights how negotiations have five stages: planning, defining rules, clarification, negotiate, and close. It states that if one of the stages fails, likely the whole “deal” falls through as well. The NFL has implemented various rules and measures to help minority coaches obtain a chance in “America’s sport”. Collins (2007)[iv], looks at some of the regulations/rules set by the NFL to try and have a more diverse coaching staff. He looks in particular at the controversial “Rooney Rule”, which states teams must interview at least one minority candidate, when a vacancy occurs in a head coaching position. This rule was established in 2002 and had/has stirred up a lot of controversy, as a team must interview minority but if it chooses not to, it can simply pay a fine. Collins draws comparisons with the NBA, where there has been a greater success in integrating a more diverse head coaching position. He claims that notwithstanding the rule has its flaws, the bias that an organization (NFL team) may have against minorities is greatly decreased, as the team could be at least forced to come face-to-face with the candidate. Teams have tried to bypass the “Rooney rule” and have been caught:  the penalty for violation may not be significant enough though. In NFL vs. the Lions (2003),[v] the author highlights how diversity is an issue now and was back then, and how the NFL guidelines and rule breaking have not changed. In 2003, the Lions, owned by Matt Millen at the time, failed to comply with league diversity guidelines and did not follow the Rooney Rule. This resulted in a $200,000 fine. This goes to show how the NFL has not taken a harsher stance on the issue of diversity and teams have found loopholes around the issue.

There have been numerous lawsuits against the NFL or teams within the NFL for alleged discrimination; most recently, the Brian Flores case. Beaton (2022)[vi] explores the claims that Brian Flores has made against the NFL. Flores is suing 3 teams: Dolphins, Broncos, and Giants. He claims that there was discrimination in the interview process with the New York Giants and Denver Broncos. Furthermore, he states that his firing from Miami was racially discriminatory; the case is seeking “class-action status”. Jones (2022),[vii] who is a football coach himself, claims that the Brain Flores case dives deeper than just plain racism. Jones states that one reason teams do not want to hire a minority coach is “they do not want to hire a coach that they can’t fire without being labeled racist.” Jones explores the issue of publicity. The whole idea behind publicity is very complicated, as there is always positive and negative publicity, but there is also too much and too little. “The balance is key”, states Jones. However, if balance is key, balance may be easier to reach if the NFL, as the billion-dollar industry, should speak up and voice their opinion on the matter of discrimination and lack of diversity. Harris (2021)[viii] – who is the Co-Founder and Senior Vice President of the New York Amsterdam Sport News and has been covering sports for decades- highlights how the NFL has only two out of 32 Black coaches and how the sport may be “shutting out” black coaches. “The NFL continues to engage in artful verbal messaging, but tangible outcomes reverberate much more resoundingly as it pertains to their hiring practices.” Harris claims that the NFL’s words, do not match their actions.

The theme of diversity being an issue has come up numerous times. Newkirk (2022)[ix] – who is an author for the Diversity, Inc, has written many different articles centered around diversity and the lack of it – highlights how the Brian Flores issue is bigger than football, she states that it is a problem about the “American workplace”. As many have pointed out, discrimination is a problem all around the world, however, Newkirk believes in America, the workplace is the most affected area. Williams (2018),[x] agrees with Newkirk: diversity is an issue not only in coaching, but all around. Diversity is not only an issue in coaching positions on the sports field, but also in the organizations. Minorities are simply not present in coaching positions and leadership roles, as “racial bias” continues to play a significant factor. The bias that is present when it comes to coaches, is quickly contrasted and contradicted when we talk of the players, as most players on the football field are minorities. Smith & Hattery (2011)[xi] – who are two experts in the field of race relations – have pointed out two common themes surrounding the issue of discrimination in sport leadership (and coaching): segregation and power: “African American men in sport leadership” have struggled to find a footing. The under-representation of people of color in sport leadership is of great “despite”, as “their prominent contribution to the financial vitality of the sport as players” is key.

Lastly, the theme of contracts has come up time after time. Dasgupta & O’Connor (2013)[xii] look at how the NFL may have conflicts of interest due to contracts they have allowed. In particular, the authors highlight the conflict between players and coaches’ contracts. Dasgupta and O’Connor believe that financial interests may be the ultimate cause of possibly not having a diverse staff: if organizations are sued, they might have to pay large sums for potential discrimination lawsuits). Deubert, Wong and Howe (2012)[xiii] highlight how the NFL has been sued many times over player/coach’s contracts. The authors look at the 2011 bargaining agreement however, they highlight how both NFL teams and the NFL organization have been “in bad faith” both when hiring and firing employees. So, the authors show that the NFL has a history of dubious and border-line discriminatory actions. These border-line discriminatory actions may highlight a broader and reoccurring issue of the NFL not doing enough. Daum (2019)[xiv]– who works at Colorado State University in the Political Science Department ­posits that the key idea is the NFL simply does not do enough. He looks at player protests like taking-the-knee and highlights how players have the right to do so: the NFL does not speak out about it convincingly enough. He says this is an overarching theme within the NFL, as they often never take a true stand, one way or another, as they believe that may hinder their reputation. Daum goes on to state that the fact that the NFL seldomly takes a stand in a situation is what is harming its reputation and giving the NFL negative publicity.

Hanna & Park (2009),[xv] highlight how there have been “advancements” in hiring more minority coaches in professional sports, but these advancements are only seen in sports such as basketball and sports such as football and hockey remain the least diverse. Also, soccer is one of the most diverse sports in the world, although, in America it remains still to see the same advancements.

Overall, the literature highlights how minorities are seldomly represented in coaching positions. Various and numerous accredited authors tackled the issue of discrimination in the NFL but have failed to offer definite solutions for it. The NFL continues to lack equal opportunities for minorities in coaching positions.

Tommaso Ceccuzzi

[i] Complaint available at https://www.wigdorlaw.com/wp-content/uploads/2022/02/Complaint-against-National-Football-League-et-al-Filed.pdf, last visited July 4^th.

[ii] Gentry, J. K. (2012, January). In Coaching Contracts, Deals Within the Deal. New York Times, 161(55637), 7.

[iii] Negotiation, Interrupted. (2015). Negotiation Briefings, 18(11), 4.

[iv] Collins, B. W. (2007). Tackling Unconscious Bias in Hiring Practices: The Plight of the Rooney Rule. New York University Law Review, 82(3), 870–912.

[v] NFL vs. the Lions: How Not to Tackle Coaching “Diversity.” (2003, August 5). Wall Street Journal – Eastern Edition, 242(25), D5.

[vi] Beaton, A. (2022, February 2). Brian Flores Sues NFL Alleging Discrimination Against Black Coaches. Wall Street Journal – Online Edition, N.PAG.

[vii] Mike Jones, & USA TODAY. (n.d.). Brian Flores sues NFL, alleging racism. USA Today.

[viii] Harris, J. C. (2021, January 21). Black coaches still being shut out of NFL head coaching positions. New York Amsterdam News, 112(3), 35.

[ix] Newkirk, P. (2022). Brian Flores’ Lawsuit Shows the Limits of Diversity Initiatives. Time.Com, N.PAG.

[x] Williams, J. B. (2018). Accountability as a Debiasing Strategy: Testing the Effect of Racial Diversity in Employment Committees. Iowa Law Review, 103(4), 1593–1638.

[xi] Smith, E., & Hattery, A. (2011). Race Relations Theories: Implications for Sport Management. Journal of Sport Management, 25(2), 107–117. https://doi.org/10.1123/jsm.25.2.107

[xii] Dasgupta, I., & O’Connor, D. (2013). From Sports Ethics to Labor Relations. American Journal of Bioethics, 13(10), 17–18. https://doi-org.proxymu.wrlc.org/10.1080/15265161.2013.828122

[xiii] Deubert, C., Wong, G. M., & Howe, J. (2012). All Four Quarters: A Retrospective and Analysis of the 2011 Collective Bargaining Process and Agreement in the National Football League. UCLA Entertainment Law Review, 19(1), 1–78.

https://doi-org.proxymu.wrlc.org/10.5070/lr8191027149

[xiv] Daum, C. W. (2019). Taking a Knee: Neoliberalism, Radical Imaginaries, and the NFL Player Protest. New Political Science, 41(4), 514–528. https://doi.org/10.1080/07393148.2019.1686739

[xv] Hanna, J., & Park, J. (2009). The Advancement of Minority Coaches in Professional Athletics. Minority Trial Lawyer, 7(3), 3–11.