Brian Flores Claims Texans ‘Retaliated’ Against Him, Team Added to Lawsuit

The racial discrimination class action now includes two former coaches plus Flores suing the league and six teams.

As two NFL coaches joined the racial discrimination class action against the league on Thursday, Brian Flores also added a new team to the now amended filing: the Texans. 

When Flores initially filed the lawsuit in February, he was reported by multiple outlets to be a finalist for the head coach vacancy in Houston alongside Eagles defensive coordinator Jonathan Gannon and former backup quarterback Josh McCown. Gannon later was reportedly out of contention, and Flores and McCown, who had no NFL coaching experience, were reportedly the final ones left in the running. 

The amended filing states that the “Texans were rightfully concerned that if it hired Mr. McCown over Mr. Flores, it would bolster Mr. Flores’ allegations of systemic discrimination against Black candidates, particularly given that the team had just fired Black Head Coach David Culley after only one season.” Several days later, Houston promoted Lovie Smith from defensive coordinator to head coach.

The lawsuit said, “To be clear, Mr. Smith is more than qualified for the role, and it is a positive thing that another Black Head Coach has been hired by an NFL football team;” however, it went on to call the move “problematic.” It alleges that Houston chose not to hire Flores “in the first place was because he filed this lawsuit and opposed systemic racism in the NFL.”

“Upon information and belief, either the Texans made this retaliatory decision on its own or the NFL—through the Commissioner’s office and/or other member teams and/or surrogates from the NFL or its member teams—pressured the Texans not to hire Mr. Flores to be its Head Coach after he filed this lawsuit, or some combination thereof.”

The Texans released a statement on Thursday afternoon pertaining to the matter. 

“The search for our head coach was very thorough and inclusive. Due to his previous success as a coach in the NFL, Brian Flores was among the first candidates we held a formal interview with for the position and he remained a candidate until the very end. We have a lot of respect for Brian both personally and professionally; he has been a competitive coach in the league for a number of years and his résumé speaks for itself. We enjoyed our multiple conversations with Brian regarding his vision for our organization, which included an in-person meeting with the McNair family and general manager Nick Caserio. 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.”

Flores’s class-action complaint also features a variety of claims against the league and three franchises, the Giants, Broncos and Dolphins. Flores claims he participated in two “sham” interviews with New York and Denver, in which he says was not a serious candidate for the positions. Both teams have denied the claims.

Shortly after the news broke of the initial filing, the NFL released a statement asserting its commitment to diversity and called the former Dolphins coach's claims “without merit.”

Flores also claimed in the lawsuit that Miami owner Stephen Ross offered him a $100,000 bonus for each loss during the 2019 season, wanting to secure the league’s worst record so the team could have the No. 1 pick in the ’20 draft. Ross has denied these claims.

Coaches Steve Wilks and Ray Horton also joined the complaint. Wilks, who served as the Cardinals’ coach during the 2018 campaign, said in the amended filing that the franchise hired him as a “bridge coach” but did not have long-term plans to keep him on the team. Arizona released a statement to Sports Illustrated’s Conor Orr on Thursday concerning the matter, saying “we are confident that the facts reflect that and demonstrate that these allegations are untrue.”

Horton described accounts similar to Flores’s, claiming the Titans conducted a “sham” interview with him to meet the Rooney Rule requirements. The pretrial conference for the lawsuit is currently scheduled for April 29.

This is not the only controversy Houston has faced as of late. It recently was a part of a blockbuster trade that sent its quarterback, Deshaun Watson, to the Browns, where he signed a record-setting contract that became the largest guaranteed deal in league history but was met with public outcry.

The quarterback faces 22 active civil lawsuits detailing graphic accounts of sexual harassment and sexual assault. Watson denied assaulting, harassing or disrespecting any woman during his introductory press conference with the Browns.

The NFL’s investigation into Watson for violating the league’s personal conduct policy is still ongoing, and he could still face suspension. Commissioner Roger Goodell is reportedly not the one who will determine whether Watson faces a suspension, fine or face no penalty, according to Yahoo Sports. In a recent press conference, Goodell said the quarterback will, in all likelihood, not land on the commissioner’s exempt list, per The MMQB‘s Albert Breer.