Thanks for that minutely detailed legal explanation. Best one I’ve received since my general counsel prepped me for my Enron deposition in 2001.
Anyway, I knew someone would know something.
I agree that the INTENTIONAL DISCRIMINATION claim seems a HIGH BAR. But then Flores sounds like he's sitting at a late 50’s Birmingham lunch counter awaiting the appearance of George Wallace. In other words, he's pretty GUNG-HO.
The KEY as you say will be the existence or NOT of sufficient evidence to PROVE such a claim. And, yes, it could always be there.
At the same time, the NFL, like most of Corporate America is still a white man’s game, and that seems to be what Flores is going after.
He appears to want this suit to be AS DISRUPTIVE OF AMERICAN SOCIETY as BLM, CRT and the 1619 Project have been in the wake of the George Floyd murder and cases like it.
Seems like he’s had that COME TO JESUS EPIPHANY and might even be willing –
metaphorically speaking – to be a SUICIDE BOMBER if it takes down the NFL as we know it. That's right -- Kaepernick II.
I also agree that his chances appear better under Title VII of the 1964 Civil Rights Act, given its “DISPARATE IMPACT” component. Still, there will need to be EVIDENCE. But if there is, SO BE IT. The law is the LAW.
But then, what does this mean going forward? That . . .
- Every black coach who is fired – or even passed over – is now encouraged to file suit?
- A Black Coach Quota will be instituted?
- The NFL will be forced to “enfranchise” BLACK OWNERSHIP on some percentage basis?
- The NFL will no longer operate on a FREE ENTERPRISE BASIS but according to the MANDATES of SOCIAL JUSTICE where the HISTORICALLY DISADVANTAGED are now seen as COMPENSATORILY MORE EQUAL?
My own preference is that we
not forget that it’s COMPETITION not COMPENSATION that is the most DYNAMIC ELEMENT in our system.
If it’s proven in a court of law that Flores indeed suffered injury as a result of ACTUAL DISCRIMINATION, then he should be compensated.
But if this is just part of a larger push towards not merely
EQUALITY OF OPPORTUNITY but towards
EQUALITY OF OUTCOME – i.e. so-called SOCIAL JUSTICE EQUITY – then THAT CONCERNS ME.
And, unfortunately, given Flores's OWN COMMENTS, that’s what I’m afraid he's after – and in a BROADER SOCIETAL SENSE.
But THAT I don’t accept. Count me IN for MERIT but OUT for QUOTAS.
WE all deserve a chance to COMPETE, but we all don’t deserve to WIN.