Unsealed Brian Flores memo prompts lawyers' claims of racial bias and retaliation

Brian Flores' lawyers say a newly unsealed recruiting assessment provides evidence of racial stereotyping and retaliation in NFL hiring. The Associated Press reported that the Korn Ferry document became public on Tuesday, October 13. Flores, now Minnesota's defensive coordinator, is pursuing a discrimination lawsuit against the league after his dismissal as Miami's head coach.

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Front Office Sports, which first published the memo, reported that Korn Ferry prepared the one-page assessment for the Las Vegas Raiders during a head-coaching search. It arranged its appraisal into six positive points and seven negative ones. The publication said Flores' lawyers view the document as support for their claims against the NFL.

One passage presented as a strength linked Flores' polished presentation to his upbringing in Brownsville, Brooklyn, and a friendship with a billionaire's son. Attorney Michael Willemin told Front Office Sports that this language reflected an offensive assumption about a Black man's ability to communicate and build relationships. He also challenged the memo's portrayal of Flores' temperament.

The document became public after a dispute over confidentiality. According to Front Office Sports, Korn Ferry argued that it was a third party to the lawsuit and that the assessment was privileged work product. The firm also disputed Flores' interpretation. A magistrate judge rejected those arguments, and Korn Ferry did not appeal to the district judge.

AP reported that the final item listed against Flores was the possibility that his continuing discrimination litigation could be a distraction. His lawyers say treating his decision to sue as a hiring concern amounts to unlawful retaliation. They also argue that the broader candidate assessment demonstrates continued reliance on racial stereotypes when NFL teams consider Black coaches for head-coaching positions.

The NFL did not immediately respond to AP's request for comment. Flores filed his lawsuit in February 2022, alleging racial discrimination in the league's hiring practices, and fellow coaches Steve Wilks and Ray Horton later joined him as plaintiffs. The accusations surrounding the assessment remain claims by his legal team; the document's unsealing is not itself a ruling establishing discrimination or retaliation.