On the same day the Cardinals established a franchise record with their ninth consecutive home loss, news broke of a new lawsuit targeting the organization and owner Michael Bidwill.

According to a report by Theo Mackie of the Arizona Republic, former executive assistant Kendra Hogue and former assistant coach Don Shumpert filed a joint complaint in Arizona state court on May 26. The suit names the Cardinals, Bidwill, and other parties as defendants, alleging racial discrimination, retaliation, defamation, and constructive termination.

The defendants moved the case to federal court on June 1. On September 19, U.S. District Judge John Hinderaker ordered the matter to arbitration, with the NFL Commissioner designated to select the arbitrator.

The ruling revives debate over the league’s use of mandatory arbitration clauses to resolve employment disputes. While courts have increasingly scrutinized such provisions, outcomes often vary depending on judicial interpretation. Judge Hinderaker, appointed by former President Donald Trump, is viewed by some legal observers as likely to favor enforcement of contractual arbitration agreements.

The case falls under the jurisdiction of the U.S. Court of Appeals for the Ninth Circuit, which has a track record of rulings favorable to employees. This appellate landscape may provide the plaintiffs an opportunity to challenge the arbitration mandate, similar to the progression seen in the Brian Flores litigation against the NFL.

The Cardinals are also implicated in the Flores case, which centers on the dismissal of former head coach Steve Wilks after a single season. That lawsuit initially faced a similar order compelling arbitration, but after years of proceedings, the majority of claims are now poised to be heard in open court rather than before a league-selected arbitrator.

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