A short time after the Supreme Court gutted affirmative action in college admissions, NFL senior leadership sent a remarkable letter, obtained by USA TODAY Sports, to all league employees reiterating the league’s commitment to having a diverse workforce. In the letter was something fascinating.
In light of the public interest in today’s Supreme Court decisions and possible speculation about their scope and application in other business settings, we want to be clear about the NFL’s commitment.
Our 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.
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.
It was this phrasing that caught the interest of some around the league: “…possible speculation about their scope and application in other business settings…”
The way I read the letter: The NFL was attempting to address potential fear of some of its employees that the Supreme Court decision could be a first step in an attempt to destroy affirmative action not solely in college admissions, but in workplaces, and if some day that happens, and people come after us, the NFL, we are dedicated to continuing our diversity initiatives.
It was actually an incredibly smart and empathetic move by the league.
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The Supreme Court decision, some legal experts believe, could lead to future legal challenges that oppose the use of affirmative action in all aspects of society.
And one of the things that could potentially be attacked is the Rooney Rule. In fact, the rule would likely be a huge target for people who want to end affirmative action everywhere, and see the SCOTUS decision as an opening to do so.
The rule, which requires teams to interview minorities for coaching and executive positions, while far from perfect, is one of the gold standards of affirmative action in the history of American sports.
Is the rule safe following the SCOTUS decision?
“It’s safe for now,” American University sports law professor N. Jeremi Duru told USA TODAY Sports.
He added: “The ruling is a couple of degrees removed from the Rooney Rule.”
The reason it’s safe for the moment, Duru explains, is the Supreme Court ruling is specific to the college admissions process. It doesn’t apply to workplace environments.
“But we’re almost guaranteed to see cases that seek to expand the ruling into the employment realm,” Duru said.
Think of the SCOTUS ruling as a crack in the door that some people will try to kick open in an attempt to destroy workplace affirmative action.
The success of such a legal challenge may seem far-fetched but few people believed Roe v. Wade would be overturned and it was. There were few who also believed affirmative action in college entrance process would be reversed and it was. Those cases also didn’t take decades to unfold; the process of eradicating them took a relatively short time.
With this extremist court, we are in the Wild West now. Things that once seemed impossible are not only possible but probable.
So while the Rooney Rule is safe for now, the way things are going in the country, and with this court, it’s only a matter of time before it’s threatened. Before all affirmative action is threatened.
