NFL's response to Florida A.G. explains that its diversity policies do not compel hiring decisions

When Florida attorney general James Uthmeier posted his latest letter to the NFL regarding his ongoing assault against the league's diversity policies, he didn't include the league's response to his initial letter. To have a full understanding of the situation, it would be helpful to have both.

And so we've obtained and reviewed the May 1 letter from NFL general counsel Ted Ullyot to Uthmeier.

The four-page letter explains the league's position regarding the manner in which its diversity policies comply with Florida law and federal law. The letter also clarifies some of the information contained in Uthmeier's initial letter.

"Simply put, the NFL does not permit the consideration of race, sex, or any other legally protected characteristic in any hiring decisions or employment actions," Ullyot writes in the opening paragraph of the letter.

"Diversity of the candidate pool, both on the field and off, is also a critical part of the NFL’s success, and 'it is the policy of the NFL and all member clubs to hire from a broad, diverse, and growing pool of high caliber talent, and to support equal opportunity and fair hiring practices throughout the League,'" Ullyot says. "The League defines 'diversity' expansively to include the 'broad ranges of human difference among us.'"

As to the Rooney Rule, Ullyot explains that it does not "compel any hiring or discharge decision, or direct that anyone be 'discriminated against.' It operates solely in the interview process, such that clubs consider a broad set of candidates before making a hiring decision. It does not prevent a club from interviewing any candidate." (Emphasis in original.)

Ullyot's letter also emphasizes that various other NFL diversity policies do not mandate hiring decisions.

As to the recent revisions to the NFL's website regarding the Rooney Rule, footnote 11 at page 3 explains that Uthmeier's letter "has brought to our attention some outdated information." The footnote states that the "information is in the process of being updated to accurately reflect the NFL's current programs and policies."

Uthmeier obviously wasn't persuaded by Ullyot's letter, given the response Uthmeier sent to the NFL on May 13 — and in light of the subpoena Uthmeier has served on the NFL. Regardless, the battle lines have been drawn; the NFL believes its policies require a broad search, and that the policies do not infringe on the ability of the individual teams to hire whomever they choose. Uthmeier believes otherwise.