Over the last several months, we’ve witnessed increased attacks by the federal and state governments over employers’ diversity, equity, and inclusion (DEI) efforts. It seems that the National Football League (NFL) is the most recent organization to find itself in those crosshairs.
The Rooney Rule
In 2003, the NFL adopted the Rooney Rule at the recommendation of its Workplace Diversity Committee. The rule, which was named after committee chair and Pittsburg Steelers owner Dan Rooney, was intended to increase the number of minority head coaches of professional football teams. Over time, the original rule was expanded to include female candidates and to cover a greater number of positions with NFL clubs.
Currently, the Rooney Rule requires NFL teams to interview at least two minority candidates for head coach, general manager, and coordinator vacancies. For quarterback coach positions, teams must interview at least one minority candidate. If a team develops a minority coach or executive who is later hired by another organization as its head coach or general manager, the team that developed the minority candidate receives two third-round “compensatory” draft picks.
Florida Blitzes the NFL
Florida’s attorney general (AG) has previously made known his opposition to DEI practices. In a January 19, 2026, General Opinion, AG James Uthmeier found that state agencies’ affirmative action hiring programs were illegal. Two months later, he turned his attention to the NFL.
In a March 25, 2026, letter to NFL Commissioner Roger Goodell, Uthmeier described the Rooney Rule as “race-and-sex-based hiring policies” that amounted to “blatant race and sex discrimination,” thus violating Florida’s employment discrimination laws. He went on to threaten that the state of Florida would take legal action if the NFL failed to scrap its long-standing diversity policy and gave Commissioner Goodell a deadline of May 1, 2026, to cease enforcing the Rooney Rule.
For his part, while speaking at NFL league meetings recently, Commissioner Goodell acknowledged the changing political landscape as it pertains to DEI initiatives but said, “One thing that doesn’t change is our values, and we believe in diversity and its benefit to the National Football League. We think the Rooney Rule is consistent with those, and we certainly will engage with the Florida AG or anybody else as we have in the past to talk about our policies.”
The Miami Dolphins, Tampa Bay Buccaneers, and Jacksonville Jaguars all received copies of AG Uthmeier’s letter to the NFL. In an apparent attempt to grab the federal government’s attention, the AG also sent a copy of his letter to the U.S. Department of Justice and the Equal Employment Opportunity Commission (EEOC).
What Next?
The trend of governmental agencies challenging employers’ diversity efforts shows no signs of slowing. High profile employers—like the NFL—are particularly attractive targets.
Charlie Plumb is an attorney in the Tulsa, Oklahoma, office of McAfee & Taft and can be reached at charlie.plumb@mcafeetaft.com.