Law360: NFL Suit Spotlights How Employee Bias Claims Are Weighed

February 15, 2022

In an article published on Law360 Employment Authority on February 11, 2022, Obermayer ​labor and employment attorneys, Dove Burns and Stacey Pitcher discuss the putative class action filed by  Brian Flores, the Miami Dolphins former head coach, against the NFL and its 32 teams in the U.S. District Court for the Southern District of New York, alleging that they discriminated against him and other Black coaches, general managers and others on the basis of their race.

To make out a disparate treatment claim, Flores and his purported class will have to prove that they:

  1. are members of a protected class;
  2. were qualified for the positions they sought;
  3. were denied the positions; and
  4. under circumstances giving rise to an inference of discrimination.

Read the full article here.

Dove focuses her practice on employment law and professional liability. She has experience defending corporate clients and executives, professional service providers, multibillion-dollar international restaurant chains, hospitals, municipalities, housing authorities, nonprofits, and boards of directors in a variety of high-exposure matters.

Stacey defends management in a variety of high-exposure employment law and professional liability matters. She advises employers regarding recent changes to the law, writes and revises policies and procedures, conducts a variety of training and seminars, and provides risk management solutions to avoid or mitigate litigation and exposure. Her clients include Fortune 500 companies, municipalities, housing authorities, school districts, nonprofits, employers in a variety of industries, as well as individual managers, executives, directors, and officers.