Gruden's emails were uncovered as part of a workplace misconduct investigation into former Washington president Bruce Allen. In 2011, Gruden, who ESPN employed at the time, appeared to use a racist trope to describe former NFLPA executive director DeMaurice Smith.

Gruden alleges that a “malicious and orchestrated campaign” was used to destroy his career by leaking old emails he had sent that included racist, misogynistic and homophobic comments.

Gruden had first sued the NFL and commissioner Roger Goodell in 2021, claiming that the NFL had deliberately leaked disparaging emails that the ex-football coach had written in a "malicious and orchestrated campaign" in order to "destroy the career and reputation" of Gruden.