Legal Context and Responses
Flores filed his initial lawsuit on February 1, 2022, alleging racial discrimination in hiring practices. The suit names the NFL and six teams: the Miami Dolphins, Denver Broncos, New York Giants, Houston Texans, Arizona Cardinals, and Tennessee Titans. The Broncos, Giants, and Texans are sued for not hiring Flores, while the Titans are named for allegedly giving plaintiff Ray Horton a sham interview. The Cardinals are involved due to Steve Wilks’s tenure as head coach.
Flores’s lawyers, including Douglas H. Wigdor, have cited the memo as evidence of retaliation and discrimination. Wigdor stated in a release: "The recently unsealed documents demonstrate two unfortunate, but unsurprising, realities. First, that Mr. Flores’ decision to hold the league and its teams accountable for systemic race discrimination has been met with unlawful retaliation. Second, discrimination continues to play a significant role in the hiring process for NFL Head Coaches, as evidenced by the fact that the candidate profile prepared for the Raiders leans heavily on racial stereotypes. We and Mr. Flores are committed to eradicating the institutional racism and retaliation that permeates the league, its teams and their partners."
Korn Ferry had sought to keep the memo sealed, arguing it was a third party to the lawsuit and that the document was privileged work product. A magistrate judge rejected these defenses, and Korn Ferry did not appeal to the district judge. The Raiders, who received the assessment, did not interview Flores for the head-coaching vacancy on which Korn Ferry was consulting.