
Alex Blutman is a student at Harvard Law School and a member of the Labor and Employment Lab.
Brian Flores submitted an amended complaint in his suit accusing the National Football League and its teams of engaging in racial discrimination in hiring, adding two former NFL coaches as plaintiffs and alleging that the Houston Texans retaliated against Flores by removing him from consideration for their head coaching position due to his filing the action and speaking publicly about systemic discrimination in the NFL. Meanwhile, the controversy continues to produce fallout beyond the scope of the litigation itself. As the Rooney Rule—the NFL’s hiring protocol directing teams to interview a diverse slate of candidates for particular positions—has come under increased scrutiny, the league adopted a new policy requiring all 32 teams to hire a “female or a member of an ethnic or racial minority” offensive assistant coach for the 2022 season, with the coach’s salary to be paid from a league-wide fund. The new rule is based on the understanding that it is the top offensive assistant coaching positions that produce the most sought-after head coaching candidates. The NFL also adopted other new policies to address diverse hiring at the annual owners meeting. The league: modified the Rooney Rule directly so that a team may interview women or people of color to satisfy the requirement that it interview two external minority candidates for head coach and executive positions; publicized a mission statement to encourage and attract diverse members of prospective ownership groups; and announced a Diversity Advisory Committee, which will analyze diversity, equity, and inclusion in the NFL’s hiring process.
On a different, but related, front for the NFL, attorneys general representing six states penned a letter addressed to Commissioner Roger Goodell expressing concern over the league’s and teams’ treatment of female employees and persistent problems with a toxic workplace culture. The letter, coming primarily in response to a New York Times article about the development of the workplace culture at the NFL following the Ray Rice incident, points to issues related to the hiring and promotion of women, sexual harassment, and the treatment of women who have experienced domestic violence. New York AG Letitia James indicated that she is prepared to prosecute hostile workplace claims unless conditions improve. The letter follows an ongoing congressional investigation into how the NFL handled allegations of sexual harassment and inappropriate workplace conduct at the Washington Commanders franchise that resulted in a $10 million fine assessed to the team.
The United States Women’s National Soccer Team’s collective bargaining agreement with U.S. Soccer expired on March 31, but negotiations will continue through April as both sides expressed optimism that a new agreement is within reach. The February settlement that the parties reached in the team’s long-running equal pay lawsuit is contingent on the ratification of a new CBA. The bargaining’s primary sticking point seems to be how the Federation will distribute FIFA prize money between the men’s and women’s teams—in the past, U.S. Soccer paid the men significantly more for their World Cup performances than the women.
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June 18
Companies dispute NLRB regional directors' authority to make rulings while the Board lacks a quorum; the Department of Justice loses 4,500 employees to the Trump Administration's buyout offers; and a judge dismisses Columbia faculty's lawsuit over the institution's funding cuts.
June 17
NLRB finds a reporter's online criticism of the Washington Post was not protected activity under federal labor law; top union leaders leave the Democratic National Committee amid internal strife; Uber reaches a labor peace agreement with Chicago drivers.
June 16
California considers bill requiring human operators inside autonomous delivery vehicles; Eighth Circuit considers challenge to Minnesota misclassification law and whether "having a family to support" is a gendered comment.
June 15
ICE holds back on some work site raids as unions mobilize; a Maryland judge approves a $400M settlement for poultry processing workers in an antitrust case; and an OMB directive pushes federal agencies to use union PLAs.
June 13
Termination of grants promoting labor standards abroad at the District Court; Supreme Court agrees to hear case about forced labor; more states pass legislation to benefit striking workers
June 12
An administrative law judge holds that Yapp USA violated the NLRA; oral arguments for two labor cases before the Eighth Circuit.