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NFL Players Association executive director DeMaurice Smith believes the Rooney Rule should be scrapped
because it doesn’t work. Possibly, it will go for other reasons — if/when the recent Supreme Court decision regarding affirmative action in higher education spreads to the employment context.
For now, the league is standing behind the 20-year-old provision aimed at creating more opportunities for minority coaches and executives. In a memo sent to all employees following the landmark Supreme Court decision on affirmative action, the league said that its “dedication to the fundamental principles of diversity, equity, and inclusion remains unchanged.”
“We will not pause in pursuing our policies and programs that are designed to create a level playing field, to ensure that diverse voices are heard and respected, and to hire, promote and develop leaders who represent the full spectrum of America,” the memo explained.
“We will continue working with each of you, the 32 clubs, and colleagues outside the League to make the NFL a leading organization that models an inclusive, respectful, and supportive workplace for everyone. . . . We have seen the power of opportunity when it is placed in someone’s hands. We know the power of inclusion and the inestimable value of having diverse voices actively involved in decision-making throughout the League. And we have seen the extraordinary results of a shared mission with the players and clubs to create positive change in underserved and underrepresented communities across the country.
“Like the game of football, we strive to be a unifying organization that brings people together with a commitment to equity and an appreciation of difference. Thus, on all these fronts and more, our commitment will not waver, our work will continue unabated, and our focus will be on continuing our progress.”
Those remarks, read in isolation, suggest that the league has made real progress when it comes to expanding the number of minority head coaches to a proportion that resembles the demographics of the rosters. But it hasn’t. Executive V.P. of football operations Troy Vincent has admitted it, following the filing of the Brian Flores racial discrimination lawsuit.
If the affirmative action ruling spreads and grows under the influence of a Supreme Court that seems to be inclined to make that happen, the league could end up being caught in a very delicate position. On one hand, its grandiose aspirations for diversity, equity, and inclusion are not working. On the other hand, those very same aspirations could eventually fuel a claim that the NFL’s effort to level the playing field represent a violation of the law, forcing the NFL to defend itself by perhaps explaining that its grandiose aspirations don’t actually work.
Regardless, the league is left with a policy that doesn’t work at a time when the very existence of the policy could cause other problems. It would make sense for the league to consider Smith’s suggestion to get rid of the Rooney Rule, and to adopt some of his strategies for ensuring fair and thorough hiring processes that operate equally and evenly for all, regardless of any characteristics inherent to a given candidate.