After Brian Flores filed a class action lawsuit against the NFL last week for racial discrimination in their hiring process, the Houston Texans were one of just a few teams without a head coach.

At the time, Flores was considered a finalist for the job along with former NFL quarterback Josh McCown, who had never coached in the league. However, late on Sunday, it was reported that Lovie Smith, the team’s defensive coordinator, was now being interviewed for the job.

Smith was hired for the job on Monday, and Flores was passed over. Following that news, Flores’ lawyers, Douglas H. Wigdor and John Elefterakis, put out a statement.

“Mr. Flores is happy to hear that the Texans have hired a Black head coach, Lovie Smith, as Mr. Flores’ goal in bringing his case is to provide real opportunities for Black and minority candidates to be considered for coaching and executive positions within the NFL,” they wrote. “However, we would be remiss not to mention that Mr. Flores was one of three finalists for the Texans’ head coach position and, after a great interview and mutual interest, it is obvious that the only reason Mr. Flores was not selected was his decision to stand up against racial inequality across the NFL.”

Smith isn’t a terrible head coach. He had a .506 winning percentage in his 11 seasons with the Chicago Bears and the Tampa Bay Buccaneers where he made the postseason three times.

Unfortunately for Flores, this was the assumed risk that he acknowledged when filing the lawsuit. With all of the jobs now filled, he will have to either try and find a coordinator position or take the year off.

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Every 29th overall pick since the 2010 NFL Draft