Controversial Search Firm Memo on Brian Flores Unsealed by Court

The controversial Brian Flores memo prepared by recruiter Korn Ferry for the Las Vegas Raiders for one of their recent head coaching hiring cycles was unsealed Tuesday morning.

Through his lawyers, Flores—who is suing the NFL and six teams for racial discrimination—has called this memo proof of his claims against the NFL. But it had been under seal until Tuesday.

The most charged section of the one-page memo is likely the following:

“Polished and a good presenter despite growing up in Brownsville, Brooklyn (same as Mike Tyson). He was able to build a strong friendship with a billionaire’s son which gave him opportunities to socialize and learn how to build relationships with white-collar and upper-class individuals.” 

That paragraph is contained in a page that lists six points in favor of Flores, and seven points against (the above is on the positive side).  On the negative side, Korn Ferry writes, “He can fool you with his polish upwards.” His lawyer, Michael Willemin, told Front Office Sports that the comment is a “racially offensive way in which someone might comment upon a Black man being articulate, as though it is surprising for a Black man to be articulate (or, in this case, polished).” 

And the Brownsville reference, he said, infers that the only reason someone from Brownsville—which is 81% Black and Hispanic—could succeed is if he met a billionaire’s son.

“The recently unsealed documents demonstrate two unfortunate, but unsurprising, realities,” Flores attorney Douglas H. Wigdor said in a statement to FOS. “First, that Mr. Flores’ decision to hold the league and its teams accountable for systemic race discrimination has been met with unlawful retaliation. Second, discrimination continues to play a significant role in the hiring process for NFL Head Coaches, as evidenced by the fact that the candidate profile prepared for the Raiders leans heavily on racial stereotypes. We and Mr. Flores are committed to eradicating the institutional racism and retaliation that permeates the league, its teams and their partners.”

Willemin, speaking to FOS, points to the last negative listed by Korn Ferry—that the lawsuit, filed in 2022, might be a distraction—as evidence of retaliation. (Flores has had a highly successful tenure as Minnesota Vikings defensive coordinator since filing the suit.)

Among the other negative points: 

“Chip on his shoulder – can be a dictator with players, coaches, and can even be difficult with ownership. His personality is unpredictable – not sure who is going to show up. Failed in how he hires coordinators and staff because he doesn’t give second chances or see efforts to improve; Needs someone strong at the top to reign in some of his worst behavior. He once threatened violence to his GM and made irrational demands during an ownership meeting. One long-time senior team executive said, ‘He may have changed since, but he was the worst hiring decision we’ve ever made.’ Another President of a club refused to talk about him.” 

Willemin told FOS these descriptions conjure up the image of the “angry Black man.” (Flores’s parents immigrated to the United States from Honduras.)

One allegation that Flores has made against the Miami Dolphins, which employed him as head coach for three seasons until 2021, is that the team defamed him. If the quote about him being the worst hiring decision is from a Miami executive, that could be the basis of the defamation claim.

Korn Ferry sought to keep the memo sealed, arguing it is a third party to the lawsuit, the memo is a privileged work product, and the memo doesn’t say what Flores claims in any event. Those defenses were rejected by the magistrate judge overseeing the discovery process of the case, and Korn Ferry did not appeal to the district judge.

Flores filed his suit on Feb. 1, 2022, and added former head coaches Steve Wilks and Ray Horton as plaintiffs several months later. However, for much of the time since, the case was consumed by venue issues: whether the case belonged in court or arbitration. Ultimately the case ended up in court; three of the teams have an appeal still pending. The next legal marker will be the judge’s decisions on motions to dismiss.

The six teams are the Dolphins, Denver Broncos, New York Giants, Houston Texans, Arizona Cardinals, and Tennessee Titans. The Broncos, Giants, and Texans are sued for not hiring Flores. The Titans are named for allegedly giving Horton a sham interview for head coach. Wilks’s claim against the Cardinals is over his short tenure as head coach there.