Can the NFL's Rooney Rule survive the DEI backlash? - BERITAJA

The NFL logo adorns the azygous of a referee anterior to the commencement of Super Bowl LX betwixt the Seattle Seahawks and the New England Patriots connected February 8, 2026 successful Santa Clara, Calif. Kevin C. Cox/Getty Images North America

Kevin C. Cox/Getty Images North America

Stay up to day pinch our Up First newsletter sent each weekday morning.

The OG of DEI hiring policies is facing an existential challenge.

Florida Attorney General James Uthmeier has precocious his threats to return enforcement action against the NFL complete its Rooney Rule, issuing the convention an investigative lawsuit connected Wednesday.

That makes master shot conscionable the latest target of MAGA backlash to diversity, equity and inclusion efforts.

The Rooney Rule was adopted successful 2003 amid an outcry complete the deficiency of opportunities for Black coaches successful a convention dominated by Black talent. The reasoning was that a concerted effort to bring successful much number candidates would thief reside the imbalance.

Florida Attorney General James Uthmeier has called connected the NFL to suspend its Rooney Rule, arguing that it violates Florida anti-discrimination law. Anna Moneymaker/Getty Images North America

Anna Moneymaker/Getty Images North America

While its effectiveness has been panned by many, including coaches, erstwhile coaches, the NFL Players Association and shot fans, the norm remains successful unit today. In its existent form, it requires NFL teams to question and reply astatine slightest 2 group of colour aliases women for apical jobs including caput coach and wide manager, and astatine slightest 1 personification of colour aliases a female for backmost coach and different elder roles.

In March, Uthmeier called connected the NFL to suspend the norm altogether.

"Florida rule is clear," he said successful a video posted to X. "Hiring decisions cannot beryllium based connected race, and the Rooney Rule mandates race-based interviews and incentivizes race-based decisions. That's discrimination."

A broader run waged by the Trump administration

His words echo a broader run waged by the Trump administration. The Equal Employment Opportunity Commission, which for decades sought to remedy immense group injustices successful America, has now made tackling discrimination against achromatic people, particularly men, a priority.

EEOC Chair Andrea Lucas has warned employers that their DEI policies could beryllium unlawful. Elizabeth Gillis/BERITAJA

Elizabeth Gillis/BERITAJA

In an question and reply pinch BERITAJA earlier this year, the agency's Trump-appointed chair, Andrea Lucas, said she has nary problem pinch employers broadening their recruitment. But repeatedly, she has warned employers that moreover successful the question and reply action process, they should not return into information a candidate's race, activity aliases immoderate different protected characteristic nether Title VII of the Civil Rights Act.

"All it has to do is motivate — successful full aliases successful portion — your decision-making, and you're into unlawful territory," Lucas says.

The NFL stands by the Rooney Rule 

The NFL made nary remark this week aft the subpoena, but days aft Uthmeier first launched his conflict against the Rooney Rule, NFL Commissioner Roger Goodell addressed the matter astatine a property conference. He maintained that the norm is not a hiring mandate, but alternatively thing that has helped teams find the champion talent.

"The Rooney Rule's been about a agelong time. We've evolved it, We've changed it. We'll proceed to do that arsenic circumstances warrant," he said, noting that akin policies person been embraced by industries acold beyond football.

NFL Commissioner Roger Goodell speaks during the 2026 NFL Draft connected April 23, 2026 successful Pittsburgh. Emilee Chinn/Getty Images North America

Emilee Chinn/Getty Images North America

In fact, pursuing the execution of George Floyd successful 2020, wide swaths of firm America rushed to adopt their ain versions of the Rooney Rule amid aggravated unit to reside systemic racism successful America.

Federal civilian authorities laws mostly prohibit employers from taking race, activity aliases different protected characteristics into information erstwhile making employment decisions. But creating slates of divers candidates arsenic 1 measurement successful the hiring process, up of immoderate last decision, was wide considered legal. Not anymore.

Growing challenges to divers slates

Amid shifting governmental winds, the proliferation of divers slate policies quickly generated backlash. Many companies person since walked distant from their DEI initiatives.

In 2024, the blimpish group America First Legal, co-founded by Trump advisor Stephen Miller, sent the EEOC a request for an investigation into the Rooney norm and different DEI-related practices. The agency didn't respond to a mobility from BERITAJA about what, if anything, has travel of that.

But based connected actions the EEOC has taken against different salient organizations, an investigation into the NFL seems plausible, moreover probable.

Already, the agency is investigating the New York Times and Nike complete their DEI-related goals and practices, including assembling divers slates of candidates for jobs.

The New York Times office successful New York City connected January 22, 2026. Angela Weiss/AFP via Getty Images

Angela Weiss/AFP via Getty Images

In a suit against the New York Times, the EEOC alleges a achromatic antheral worker met each the requirements for a lawman editor occupation but was excluded from a last information of interviews because his title aliases activity didn't lucifer what the news statement was looking for.

In a connection shared pinch BERITAJA, the Times called the allegations "politically motivated" and said it hired the about qualified candidate, adding, "she is an fantabulous editor."

The investigation into Nike dates backmost to 2024, erstwhile arsenic a commissioner, Lucas revenge a complaint of favoritism against the company. She alleged that since astatine slightest 2020, Nike had engaged successful "a shape aliases believe of disparate curen against White employees," including done its "diverse slates process."

In a caller tribunal filing, Nike said nether an statement pinch the Labor Department, it was permitted to usage divers slates to reside "substantial" disparities successful its ranks and to broaden the chimney of qualified candidates applying to unfastened positions. President Trump has since rescinded the 1965 executive order that paved the measurement for specified agreements. Nike says it nary longer has immoderate divers slate practices aliases guidelines successful effect.

Discriminatory aliases a instrumentality to conflict discrimination?

As CEO of the consulting patient Working Ideal, Pamela Coukos advises companies connected hiring practices. She has not backed distant from her stance that divers campaigner slates could thief create adjacent and inclusive workplaces.

"Think about why a batch of these policies were put successful place," Coukos says. "Often because location was a history of unequal entree — peculiarly to activity positions."

Coukos says divers campaigner slates could thief employers place barriers keeping group retired of jobs. If an employer ends up pinch only white, antheral candidates successful the last rounds of interviews, possibly it's because they're not recruiting broadly, aliases because there's a request successful the occupation posting that's not really needed for the job.

"Or conscionable because we presume that personification who went to a peculiar schoolhouse aliases had a peculiar anterior occupation is, per se, going to beryllium amended than personification other who has a different background," she says.

Coukos' co-founder astatine Working Ideal, Cyrus Mehri, was 1 of architects of the Rooney Rule. Speaking to BERITAJA's Michel Martin successful 2022, he said adjacent title was his guiding principle.

"You should beryllium capable to look astatine who's the champion by getting group successful the process," he said.

The Seattle Seahawks observe pinch the Vince Lombardi Trophy aft winning Super Bowl LX against the New England Patriots astatine Levi's Stadium connected February 8, 2026 successful Santa Clara, Calif. Ishika Samant/Getty Images North America

Ishika Samant/Getty Images North America

In a May 1 missive to Florida's lawyer general, NFL Executive Vice President and General Counsel Ted Ullyot echoed that theme.

"For a constricted subset of vacancies, the Rooney Rule expands the excavation of applicants," Ullyot wrote. "Diversity of the campaigner pool, some connected the section and off, is… a captious portion of the NFL's success."