The Florida Attorney General is subpoenaing the NFL as part of a new investigation into the 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 Civil Rights Act, on Wednesday issued a subpoena as part of an official investigation into whether the league discriminated in its hiring and other employment matters.
A subpoena sent to the NFL’s New York offices — a copy of which was obtained by OutKick and Fox News — orders the league to appear at the Legal Affairs Department, Attorney General’s Office, Office of Civil Rights, in Tallahassee on June 12 at 9 a.m.
The subpoena compels the NFL to produce extensive records dating back to 2020 (and earlier on other matters) including the Rooney Rule, the Offensive Assistant Mandate, Decision JC-2A, the Accelerator Program and the Mackie Development Plan. It seeks internal policies, communications with government agencies, legal challenges (including those tied to the Brian Flores case), compliance tracking, enforcement actions and detailed employment data — including race and gender.
Notably, the subpoena goes into how the NFL defines “minority,” affirms the status of individuals, and uses race or gender in hiring decisions or incentives. It also seeks evidence of the league’s intent and justification for these plans.
NFL ROONEY LAW AND OTHER DEI PROGRAMS MAY SOON BE RETURNED
The Florida attorney general is also seeking the NFL’s communication with the EEOC, the United States Department of Justice, or another federal or state agency regarding the Rooney Act, Resolution JC-2A, the Offensive Assistant Mandate, the Accelerator Program, or the Mackie Development Program.
This massive need for an investigation makes it clear that the AG is investigating almost every Diversity, Equity and Inclusion (DEI) program related to training, front office and other executive development programs that may benefit one class of people while ignoring or not serving another class.
The NFL did not immediately comment.
Florida Attorney General James Uthmeier and Gov. Ron DeSantis was photographed together in Florida. (Rich Pope/Getty Images)
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But this should not surprise us too much.
Uthmeier initially submitted a March 25 letter containing a “word of warning” to the league, arguing that the Rooney Rule “flagrantly violates Florida law” and explaining to the league how its rule violates the Florida Civil Rights Act.
Uthmeier wrote, “The Rooney Act and its offshoots require exactly what the Florida law prohibits. They require groups to rate, segregate, and segregate applicants for certain job and training opportunities because of race and gender. And they do this in a way that often deprives applicants of employment opportunities.”
In that first communication letter, the AG gave the NFL until May 1 to respond. The NFL did respond in the allotted time but the response from NFL General Counsel Ted Ullyot did not satisfy Florida’s top law enforcement official.
Uthmeier on Wednesday continued to press the issue in a letter obtained by OutKick and Fox News. In his letter, the AG argues the NFL actually changed its website page for the Rooney Rule.
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“My office appreciates the NFL’s commitment to equal opportunity and nondiscrimination. We also appreciate how quickly the NFL changed its website in response to our letter, and the NFL’s assertion that it no longer requires race or gender considerations in hiring at least one offensive lineman,” Uthmeier wrote.
“Unfortunately, neither your letter nor the changes to your website address our concerns about the NFL’s violation of Florida law. In fact, they raise new ones.”
Pittsburgh Steelers owners Art Rooney II and Dan Rooney pose with NFL Commissioner Roger Goodell in Arlington, Texas, in 2011. (Doug Pensinger/Getty Images)
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Uthmeier continued to focus on the Rooney Rule: “And he says that the Law “does not give clubs the license to consider race or gender when making hiring decisions. But according to your statements, your intention is to do just that. “By employing best practicesRooney’s Law aims to increase the number of employed minorities in the positions of head coach, general manager, and senior positions.
“Or to quote an NFL Vice President, “the Rooney Rule and other policy changes are needed” “[u]until [the NFL] see[s] organizations that do the right thing for the right reasons in hiring individuals. “
“Finally, year after year, the NFL has lamented the hiring of ‘white’ coaches rather than ‘coaches of color.’ This obsession with racially based hiring is wrong. It also violates Florida law.”
Florida’s move Wednesday is aimed at the NFL exempting the Jacksonville Jaguars, Miami Dolphins and Tampa Bay Buccaneers from using what the attorney general said were illegal hiring practices for the clubs’ most visible employees, namely coaches and personnel managers.
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