By Jaia A. Thomas
This NFL season you could count on one hand the number of black coaches – Marvin Lewis (Cincinnati Bengals), Mike Tomlin (Pittsburgh Steelers) and Leslie Frazier (Minnesota Vikings). Since the conclusion of the NFL regular season Leslie Frazier has been fired and the fate of Marvin Lewis and Mike Tomlin remain in limbo (although both are expected to return). While the percentage of black NFL players currently hovers around 70%, the corresponding percentage of black NFL coaches currently hovers around 6%. These disproportionate percentages begs the question – Does the NFL do enough to ensure diversity among its coaching staff? In other words, does the Rooney Rule actually work?
The Rooney Rule was enacted in 2003 after an organization of sports activists and their attorneys, including the late Johnnie Cochran Jr., threatened employment discrimination lawsuits over head football coach selection decisions. Facing the threat of a lawsuit, the NFL entered into negotiations with Cochran and other groups, eventually creating a Workplace Diversity Committee, chaired by Dan Rooney. The League ultimately agreed that owners would be required to interview at least one minority candidate for vacant head coaching positions. At the time the Rule was enacted only 6% of the head coaches in the NFL were black. By 2006, just three years after the Rule’s enactment, 22% of coaches in the league were black and by 2011 the percentage of black coaches peaked at 25%. Since 2011, these percentages have dropped precipitously.
The Rooney Rule recently celebrated its 10th anniversary. But, before we all run to Party City and purchase an array of banners, balloons and confetti in anticipation of its 11th anniversary, it is important to note the uncertainty of the rule’s future. Does the rule have a place in America’s so-called “post-racial” America? And if so, should it be modified or altered in any way, shape, or form to increase its effectiveness? The League is currently belaboring these points.
Dr. Jason Johnson, Professor of Political Science at Hiram College, describes the Rooney Rule as the “quintessential example of the best of intentions with no actual enforcement.” He labels the rule as more of a suggestion, due to lack of actual penalties and enforcement. He suggests that instead of requiring perfunctory interviews, the NFL should implement a quota system for the entire staff of a team. Dr. Johnson argues that while the head coach of a team is an important symbolically, the entire staff should reflect the true meaning of diversity. Moreover, he argues that black players, especially black quarterbacks, should do a better job of yielding their influence to address the issue of diversity.
Opponents of the Rooney Rule argue that every team should have the free will to interview and select a head coach regardless of color. Do you agree? As of today there are five head coach openings (Washington Redskins, Minnesota Vikings, Cleveland Browns, Detroit Lions and Tennessee Titans). While Lovie Smith recently nabbed the head coach position for the Tampa Bay Buccaneers, will any of the remaining head coach openings go to a black candidate? It’s likely a coin toss.
Jaia Thomas is a bi-coastal sports and entertainment attorney. Her practice primarily focuses on transactional and intellectual property matters. For more information, visit: www.jathomaslaw.com or @jaiathomaslaw