Journalist Says NFL Ignored His Discrimination Claims

In September 2023, Jim Trotter, a former sports journalist, sued the NFL accusing the league of discriminatory and retaliatory practices. Trotter worked for NFL Network and NFL.com from 2018 until March 2023, but NFL Media declined to renew his contract despite assurances from his editors. Trotter alleges that the NFL retaliated against him by declining to renew his contract because he asked persistent questions regarding the NFL’s “poor record of hiring, retaining, and promoting Black talent around the league, and in his workplace at NFL Media.” [1] Alleging that the NFL had a history of enabling a discriminatory workplace, Trotter alleged that racist statements were made by two NFL owners. Following Trotter’s allegations, these two owners categorically denied the comments that Trotter attributed to them. [2]

In response to Trotter’s lawsuit, the NFL filed a motion to dismiss in January. The NFL argued that the dismissal of Trotter was a “routine and sound business decision” and Trotter’s accusation against the two owners were irrelevant.” [3] Specifically, the NFL argued that Trotter’s claim cannot proceed because it lacked any “plausible inference of any causal connection, let alone but-for causation, between the purported protected activity and his nonrenewal.” [4] The NFL argued that Trotter’s suit presented no proof that the league treated Trotter differently than any of its other employees. The League further pointed out that Trotter had previously brought race discrimination and hostile work environment claims to the its attention and had his contract renewed. [5] The motion to dismiss also presented a jurisdictional argument in which it questioned whether New York had the authority to hear Trotter’s suit. It said that while the NFL had a physical presence in New York, Trotter lived in California and never made a claim that any of his alleged discriminatory actions occurred within New York. [6]

Unsurprisingly, Trotter disagreed with the NFL’s motion to dismiss. On March 4, 2024 , he filed a reply to the NFL’s motion to dismiss calling it “way off the mark,” and “notable for what it ignores than what it states.” [7] To refute the NFL’s claim that he failed to offer no proof of racial discrimination, Trotter pointed to the discrimination class action suit that former NFL head coach Brian Flores filed against the league. Trotter also disagreed with the NFL’s argument that it could not have discriminated against him because it previously renewed his contract after he complained of suffering from discriminatory practices. Trotter’s reply argued that the NFL’s position, if taken to its conclusion, would allow employers to never face a retaliation claim if the employee engaged in protected conduct and was not fired. [8] Trotter also argued that his termination was “directly parrel” to Flores’ class action case because it was another example of the NFL discriminating against Black coaches and journalists.

The NFL will have a chance to respond to Trotter’s reply. If the NFL is unsuccessful in persuading the court to accept its reasons for dismissing Trotter’s suit, the NFL will likely attempt to reach a settlement agreement with Trotter. Because the next steps involve discovery, the NFL will not want to produce internal documents and other communications regarding the investigations—or lack thereof—into the racist comments of the two owners or the racial makeup of its newsrooms. [9] Moreover, Commissioner Rodger Goodell was reluctant to give any validity to Trotter’s claims and avoided answering any questions related to Trotter’s suit prior to this year’s Super Bowl. [10] If this suit proceeds to trial, the NFL will strongly advocate for settlement. This, however, will be difficult as Trotter has no plans to pursue a financial agreement because “he is in this lawsuit as a matter of principle.” [11] The NFL has until March 22 to reply to Trotter’s arguments against dismissing the suit.

[1] https://www.law360.com/sports-and-betting/articles/1720748/