
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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May 7
U.S. Department of Labor announces termination of mental health and child care benefits for its employees; SEIU pursues challenge of NLRB's 2020 joint employer rule in the D.C. Circuit; Columbia University lays off 180 researchers
May 6
HHS canceled a scheduled bargaining session with the FDA's largest workers union; members of 1199SEIU voted out longtime union president George Gresham in rare leadership upset.
May 5
Unemployment rates for Black women go up under Trump; NLRB argues Amazon lacks standing to challenge captive audience meeting rule; Teamsters use Wilcox's reinstatement orders to argue against injunction.
May 4
In today’s news and commentary, DOL pauses the 2024 gig worker rule, a coalition of unions, cities, and nonprofits sues to stop DOGE, and the Chicago Teachers Union reaches a remarkable deal. On May 1, the Department of Labor announced it would pause enforcement of the Biden Administration’s independent contractor classification rule. Under the January […]
May 2
Immigrant detainees win class certification; Missouri sick leave law in effect; OSHA unexpectedly continues Biden-Era Worker Heat Rule
May 1
SEIU 721 concludes a 48-hour unfair labor practice strike; NLRB Administrative Law Judge holds that Starbucks committed a series of unfair labor practices at a store in Philadelphia; AFSCME and UPTE members at the University of California are striking.