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The Texans had three finalists for their head-coaching job. Then, they went off the board and promoted defensive coordinator Lovie Smith.
It seems a little fishy. One of the finalists, Brian Flores, agrees. His lawyers issued the following statement on Monday evening.
“Mr. Flores is happy to hear that the Texans have hired a Black head coach, Lovie Smith, as Mr. Flores’ goal in bringing his case is to provide real opportunities for Black and minority candidates to be considered for coaching and executive positions within the NFL,” the statement reads. “However, we would be remiss not to mention that Mr. Flores was one of three finalists for the Texans’ head coach position and, after a great interview and mutual interest, it is obvious that the only reason Mr. Flores was not selected was his decision to stand up against racial inequality across the NFL.”
Those who bring claims of discrimination are protected against retaliation for exercising their rights. Indeed, the second lawsuit (alleging retaliation for filing suit) often can be stronger than the first one.
If/when Flores officially claims that his lawsuit is keeping him from getting job opportunities, the Texans will have to explain and defend their decision to opt for Smith instead of Flores. If anyone admits that it had anything to do with Flores filing a lawsuit (or if any texts or emails point that way), the Texans will have a very hard time avoiding liability to Flores.
