In March, Florida attorney general James Uthmeier threatened legal action against the NFL unless it suspended the Rooney Rule, the league’s longtime initiative to promote diversity on coaching and front office staffs.

The NFL has since responded, telling Uthmeier in a May 1 letter (via Nicki Jhabvala of The Athletic), “Simply put, the NFL does not permit the consideration of race, sex, or any other legally protected characteristic in any hiring decisions or employment actions.” 

The letter goes on to detail that the Rooney Rule seeks to expand opportunities for minorities to interview for top coaching and front office jobs, but teams remain free to hire (and fire) whomever they wish. Focusing on the interview process keeps the Rooney Rule in compliance of Florida and federal civil rights law, which prohibit discrimination in actual decision-making, not merely the consideration of certain candidates.

“In short, the Rooney Rule does not impose any hiring quota or mandates, nor does it even limit who may be interview,” the letter continues. “Most importantly, it does not license clubs to consider race or sex in making hiring decisions, consistent with NFL policy and applicable law.”

The letter addresses some of Uthmeier’s other concerns regarding developmental programs for coaches, executives, and referees, which are open to all applicants regardless of their demographics. It further clarifies that compensatory picks are awarded to teams who develop and lose minority talent to other clubs, making them a retroactive reward for investing in minority coaches and executives rather than incentivizing a team to hire them. In a footnote, the league mentions that no Florida team has ever received a compensatory pick via this system.

The NFL also acknowledged that a program promoting the hiring of minority offensive assistants had already been “sunset.” The initiative was originally launched in 2022, shortly after Brian Flores filed his employment discrimination lawsuit against the league, according to Rhim and his ESPN colleagues, Kalyn Kahler and Jason Reid. It mandated each team to have a minority offensive assistant on their coaching staff and provided funding for half of those coaches’ salaries.

The NFL’s response did not satisfy Uthmeier, and their alterations may have instead emboldened him. He issued an investigative subpoena to the league on Wednesday, per ESPN’s Kris Rhim, and in a letter to the league, took credit for the end of the minority offensive assistant program. Crucially, though, the mandate and funding for that initiative was phased out this past winter, long before Uthemeier’s first letter in March, making it impossible to ascribe its termination to him.

Uthmeier also referenced new language on the league’s webpage about the Rooney Rule, changes that “appear to soften or remove explicit references to increasing minority hiring, a central criticism raised by Uthmeier in his challenge to the policy,” Rhim adds. Uthmeier then asserted that the NFL’s recent adjustments raised more questions that will have to be answered via his subpoena.

Next steps remain unclear. Commissioner Roger Goodell defended the Rooney Rule in April, and league messaging has continued to promote their commitment to diversity and inclusion, indicating that the NFL intends to stand firm against Uthmeier’s efforts to interfere with their hiring practices.

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