Cyrus Mehri

  • December 14, 2011

    by Jeremy Leaming

    A CBS program on the history of African Americans in the NFL will soon touch on the Rooney Rule, which requires teams with head coaching or general manager vacancies to interview one or more minority candidates.

    The documentary, “Third and Long: The History of African-Americans in Pro Football 1946-1989,” will include an examination of the Rooney Rule in its second installment on Dec. 25, at 4 p.m., ET.

    Cyrus Mehri, of Mehri & Skalet PLLC, will participate in that segment. Mehri & Skalet, and the late Johnnie Cochran Jr. helped spur implementation of the Rooney Rule. See here for more information about the program.

    In an ACS Issue Brief, Douglas C. Proxmire, partner at Patton Boggs LLP, wrote that after the “adoption of the Rooney Rule in December 2002, the number of African-American head coaches increased from two in 2002 to an all-time high of seven in 2006, but the numbers have leveled off since 2006.” Proxmire, however, added that the Rule “has led to some progress for other NFL minority hiring practices. In the five years since the Rooney Rule has been implemented, the number of minority hires in the NFL head coaching, assistant coaching and front offices has increased.”

    Mehri & Skalet, adds in a recent promotion of the forthcoming CBS episode that the Rooney Rule “has resulted in historic triumphs of diversity in the sport, including the hiring of Super Bowl-winning head coaches Tony Dungy and Mike Tomlin … and General Manager Jerry Reese of the Giants.”

    In late September, the NFL also expanded its efforts to promote diversity by adopting a provision stating, in part, that there “will be no discrimination in any form against any player by the Management Council, and Club or by the NFLPA [NFL Players Association] because of race, religion, national origin, sexual orientation, or activity or lack of activity on behalf of the NFLPA.”

  • February 3, 2011
    BookTalk
    Advancing the Ball: Race, Reformation, and the Quest for Equal Coaching Opportunity in the NFL
    By: 
    N. Jeremi Duru

    By N. Jeremi Duru, Associate Professor of Law, Temple University, Beasley School of Law.
    On Sunday, February 6, the Pittsburgh Steelers' head coach, Mike Tomlin, will lead his team into its second National Football League Super Bowl Championship game in three years. He is among the most respected head coaches in the league, and at his pace, he may one day find himself enshrined in the Pro Football Hall of Fame. He will freely admit, however, that just a few years before the Steelers hired him in 2007, his chances of landing a head coaching position in the NFL would have been frighteningly slim because of a single characteristic: his race.

    For decades, the NFL had been a colossal embarrassment from an equal employment opportunity perspective. Between 1926 and the start of the 1989 season, the league featured no African American head coaches, and in the decade that followed, it featured only a few. Neither the National Basketball Association nor Major League Baseball had been nearly as historically homogenous in this respect, and by the turn of the century, both leagues were legions ahead of the NFL in terms of diversity in off-the-field and off-the-court positions.

    In 2002, however, two lawyers, Cyrus Mehri and Johnnie Cochran, who were both avid football fans disconcerted with the dearth of African American coaches in the NFL, launched a movement that would dramatically impact the NFL and provide black coaches like Mike Tomlin the opportunity to prove themselves. Advancing the Ball: Race, Reformation, and the Quest for Equal Coaching Opportunity in the NFL explores this movement and what it has meant to the NFL and to broader society.

    The movement began with a University of Pennsylvania economics professor's statistical analysis, which revealed that the few African Americans who attained NFL head coaching positions performed more effectively than their white counterparts but nonetheless had fewer opportunities to ply their trade. Mehri and Cochran, emboldened by the statistics, expanded the analysis into a full blown report alleging racial discrimination in NFL, and, anxious to take the NFL to task, they issued a brash and public litigation threat. A small group of grizzled African American NFL veterans who had long resented being frozen out of off-the-field leadership positions in the league soon caught wind of the lawyers' threat and joined them in their insistence that the NFL change.

  • January 13, 2010
    The Seattle Seahawks swift hiring of USC's Pete Carroll and its apparent short-shrift of the NFL's Rooney Rule, which is intended to diversify the League's head-coaching ranks, may actually work to strengthen the rule, writes Johnette Howard for ESPN.com. The Seattle Seahawks apparently had settled on Carroll and gave a cursory interview to the Viking's Assistant Head Coach/Defensive Coordinator Leslie Frazier (right).

    Howard notes that the Rooney Rule adopted by the NFL in 2002 after pressure from prominent attorneys, the late Johnnie L. Cochran Jr., civil rights attorney Cyrus Mehri, and labor economist Dr. Janice Madden, has continued to be bolstered by outside pressure. (Including an Issue Brief released by ACS.)

    Howard writes:

    A watchdog group, the Fritz Pollard Alliance [for which Mehri serves as counsel], now monitors how well teams comply, along with the NFL. The same group - buttressed by a persuasive argument that attorney Douglas Proxmire published in a December 2008 paper for the American Constitution Society for Law and Policy - succeeded just months ago in getting the NFL to extend the Rooney Rule to hiring of general managers and other front-office personnel.

    The Seahawks case should be another pivot point. More pressure needs to be exerted on [NFL commissioner] Goodell now.

    In his ACS Issue Brief, "Coaching Diversity: The Rooney Rule, Its Application and Ideas for Expansion," Proxmire noted the 2002 report co-authored by Cochran, Mehri and Madden, detailing the NFL's hiring and firing practices over the previous 15 seasons. Their report, Proxmire wrote led "to an obvious, but disconcerting conclusion: despite an overall better record than their white counterparts, black coaches had a difficult time getting hired, and once hired, black head coaches were fired before their white counterparts." Proxmire also urged the NFL to strengthen the Rooney Rule by extending it to cover front-office vacancies. Last summer, Commissioner Roger Goodell announced that the League would indeed require NFL teams to interview more minority candidates for front-office openings.

  • July 3, 2009

    Cyrus Mehri, a founding partner of Mehri & Skalet, participated in a panel discussion, "Employment Discrimination and the Future of Federal Courts," at the 2009 ACS National Convention. Following the panel discussion, Mehri talked with ACSblog about the challenges employees face in bringing discrimination lawsuits in the federal courts. Mehri noted a recent study by Cornell Law School Dean Stewart Schwab and Cornell Law School Professor Kevin Clermont showing that workers bringing employment discrimination lawsuits increasingly fare poorly in the federal courts. (That study, "Employment Discrimination Plaintiffs In Federal Court From Bad To Worse?" was published recently in the Harvard Law & Policy Review, the official journal of ACS.)

    Mehri said that, "For most employees, most litigants, it is the U.S. appellate courts that have the final say. And when I testified in front of Senator Leahy and the Judiciary Committee in September, I called on them to really consider a much wider net of candidates for the pools that are being considered for the U.S. appellate courts."

    Watch Mehri's interview below or download a video podcast here.