Jim Trotter’s Retaliation Claim Against NFL Advances

The NFL convinced U.S. District Judge Jed Rakoff Wednesday to dismiss five civil rights claims brought by award-winning journalist Jim Trotter against the league, NFL Enterprises and NFL Network Services.

The problem for the NFL: Trotter has six claims. 

Rakoff denied the league’s motion to dismiss Trotter’s accusation that the defendants illegally retaliated under Section 1981 of the Civil Rights Act of 1866. The case in the Southern District of New York will move to pretrial discovery, where Trotter and his legal team, led by Douglas Wigdor, will likely demand sworn testimony from commissioner Roger Goodell and other league executives about NFL-related race issues. Trotter will be poised to gain access to copies of sensitive emails, texts and other communications, including about how his bosses and league officials discussed his employment.

Rakoff wrote he’ll issue an opinion explaining his reasoning “in due course.” The judge held an oral argument in New York City on May 2, and he also reviewed written briefs about Trotter’s claims regarding retaliation and discrimination under federal and New York laws.

As detailed by Sportico, Trotter contends he was subject to disparate treatment, situated in a hostile work environment and denied a contract extension because he challenged his employer about race discrimination and lack of diversity. Trotter worked from 2018 to 2023 for the league-owned media arm, NFL Media, and is now a columnist for The Athletic. He is a former president of Pro Football Writers of America and author of the book Junior Seau: The Life and Death of a Football Icon.

Trotter publicly questioned Goodell during his annual “state of the league” press conferences in 2022 and 2023 about lack of diversity in the newsroom, in coaching and other areas. Trotter argued he was engaged in “protective activity,” meaning, as an NFL employee, he was gathering evidence for unlawful discrimination or retaliation in the workplace. That topic is also at issue in Minnesota Vikings defensive coordinator Brian Flores’ lawsuit against the NFL and several teams for racial discrimination and retaliation.

Trotter’s complaint identifies several alleged instances of retaliation. After raising questions about “the unacceptable lack of diversity in the NFL Media newsroom and on the news desk,” Trotter says he stopped getting assignments and was excluded from work functions. An executive went so far as to ask him if he was “in alignment” with the NFL, a question that highlights the challenges of league-owned media and critical coverage of the league. Trotter felt he had become “officially persona non grata at the NFL.” Trotter documented those concerns in emails to his bosses. Within days, he says, he was informed his contract was not being renewed.

The league contends Trotter’s case falls short. The NFL argues if it wanted to retaliate against Trotter for questioning Goodell in a public forum, it wouldn’t have kept him employed for more than a year after he posed his questions the first time around. The league also asserts Trotter has failed to offer a causal connection between his skepticism about race issues in the NFL and a decision to not renew his contract. 

Rakoff’s dismissal of five of Trotter’s claims indicates the league’s legal argument had some suasion on the court. But the advancement of the retaliation claim confirms Trotter’s case has legs and, absent a settlement, means it will continue for some time.