Florida Attorney General subpoenas NFL as part of new probe into Rooney Rule and other DEI programs
Florida Attorney General James Uthmeier, who in March put the NFL on notice that the league's Rooney Rule may violate the state's Civil Rights Act, on Wednesday issued a subpoena as part of a formal investigation to determine if the league has been discriminating in its hiring practices and other matters of employment.
The subpoena sent to the NFL offices in New York -- a copy of which was obtained by OutKick and Fox News -- orders the league to appear at the Department of Legal Affairs, Office of the Attorney General, Office of Civil Rights, in Tallahassee on June 12 at precisely 9 a.m.
The subpoena compels the NFL to produce extensive records dating back to 2020 (and earlier for some items) covering the Rooney Rule, the Offensive Assistant Mandate, Resolution JC-2A, the Accelerator Program and the Mackie Development Program. It seeks internal policies, communications with government agencies, legal challenges (including those tied to the Brian Flores lawsuit), compliance tracking, enforcement actions and detailed hiring datahiring data -- including candidate race and sex.
Notably, the subpoena zeroes in on how the NFL defines "minority," verifies demographic status, and uses race or gender in hiring decisions or incentives. It also demands evidence of the league’s intent and justification for these programs.
NFL ROONEY RULE AND OTHER DEI INITIATIVES MAY SOON BE IN RETREAT
The Florida attorney general also wants the NFL's communications with the EEOC, United States Department of Justice, or other federal or state agency concerning the Rooney Rule, Resolution JC-2A, the Offensive Assistant Mandate, the Accelerator Program, or the Mackie Development Program.
This sweeping investigative demand makes it obvious that the AG is investigating practically every Diversity, Equity and Inclusion (DEI) program related to coaching, front office and other executive advancement initiatives that might provide an advantage for one class of people while ignoring or not serving another class.
The NFL had no immediate comment.
ROGER GOODELL AND ART ROONEY SAY ROONEY RULE NOT GOING ANYWHERE
But this should not come as a big surprise.
Uthmeier originally delivered a letter dated March 25 containing "a word of caution" to the league, contending that the Rooney Rule "brazenly violates Florida law" and outlining to the league how its rule violates the Florida Civil Rights Act.
Uthmeier wrote, "the Rooney Rule and its offshoots require precisely what Florida law forbids. They require teams to limit, segregate, and classify applicants for certain employment and training opportunities because of race and sex. And they do so in a way that tends to deprive applicants of opportunities for employment."
In that initial letter of contact, the AG gave the NFL until May 1 to reply. The NFL did indeed respond within the allotted time but the response from NFL General Counsel Ted Ullyot did not satisfy Florida's chief law enforcement officer.
Uthmeier on Wednesday continued to press the issue in a letter obtained by OutKick and Fox News. In his correspondence, the AG contends the NFL actually changed its website page for the Rooney Rule.
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"My office appreciates the NFL’s stated commitment to equal opportunity and nondiscrimination. We also appreciate how quickly the NFL changed its website in response to our letter, as well as the NFL’s assertion that it no longer requires the consideration of race or sex in the hiring of at least one offensive assistant," Uthmeier wrote.
"Unfortunately, neither your letter nor the changes to your website assuage our concerns over the NFL’s violations of Florida law. In fact, they raise new ones."
Uthmeier continued to take aim at the Rooney Rule: "You also claim the Rule "does not license clubs to consider race or sex in making hiring decisions. But according to your own statements, its very point is to do just that. "Through hiring best practices, the Rooney Rule aims to increase the number of minorities hired in head coach, general manager, and executive positions.
"Or to quote the NFL’s own Executive Vice President, "the Rooney Rule and other policy adjustments are necessary" "[u]ntil [the NFL] see[s] organizations doing the right thing for the right reasons in hiring individuals."
"In the end, year after year, the NFL has bemoaned the hiring of 'white' coaches rather than 'coaches of color.' This obsession with hiring based on race is wrong. It also violates Florida law."
Wednesday's step by Florida is ultimately intended to have the NFL relieve the Jacksonville Jaguars, Miami Dolphins and Tampa Bay Buccaneers from having to apply what the attorney general deems are illegal hiring practices for the clubs' most visible employees, namely coaches and personnel department executives.