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The NBA on Tuesday suspended Phoenix Suns and Mercury owner Robert Sarver for a year after concluding an investigation into allegations he used racist and misogynistic language in the workplace.
The law firm Wachtell, Lipton, Rosen & Katz interviewed 320 people and evaluated more than 80,000 documents and concluded that Sarver “clearly violated common workplace standards,” including “use of racially insensitive language; unequal treatment of female employees, gender-related statements and behavior; and harsh treatment of employees who at times amounted to bullying.”
During his suspension, Sarver cannot be present at any NBA or WNBA facility, office area or practice facility. He cannot participate in any league events or represent the Phoenix Suns or Phoenix Mercury in any capacity. He must not be involved in the business operations of the teams.
Sarver must complete a training program “focused on respect and appropriate behavior in the workplace.”
The owner was also fined $10 million, the maximum allowed by the NBA constitution.
Wachtell, Lipton Rosen & Katz said that “the investigation does not show that Sarver’s conduct was motivated by racial or gender-based animus.”
The Suns organization issued the following in response to the owner’s suspension:
— Phoenix Suns (@Suns) 13 September 2022
Sarver’s legal representatives issued a statement below:
The NBA’s independent investigation confirmed that none of Mr. Sarver’s actions or comments were based on racist, prejudiced or misogynistic intent. These findings came after hundreds of witness interviews and review of thousands of documents—including eighteen years of Mr. Sarver’s emails and personal text messages. The league also confirmed that there was no evidence whatsoever to support several of the allegations in ESPN’s November 2021 reporting. Finally, the NBA acknowledged that the Suns organization began improving its HR department and workplace culture long before the NBA’s investigation began.
Sarver issued a personal statement Tuesday:
Good leadership requires accountability. For the Sun and Mercury organizations, it begins with me. While I disagree with some of the details in the NBA’s report, I want to apologize for my words and actions that offended our staff. I take full responsibility for what I have done. I am sorry for causing this pain and these lapses in judgment are not consistent with my personal philosophy or values.
I accept the consequences of the NBA’s decision. This moment is an opportunity for me to demonstrate the ability to learn and grow as we continue to build a work culture where every employee feels comfortable and valued.
The full report from Wachtell, Lipton Rosen & Katz can be viewed here.
The law firm said the Suns and Sarver were cooperating with the investigation, but ESPN’s Adrian Wojnarowski reported the owner “did not accept the idea that he deserved” the sanctions of suspension and fine.
The NBA first opened the investigation into Sarver and the Suns back on November 4, 2021, following an ESPN article written by Baxter Holmes that highlighted allegations of racist language and misogynistic comments by Sarver. Holmes said upwards of 70 people were interviewed for the piece.
In a statement released after the story was published, Sarver said he “welcomed” the league to investigate, “which may prove our only opportunity to clear my name and the reputation of an organization that I am so very proud of .”
The law firm’s brief concluded that Sarver “on at least five occasions during his tenure (as owner) … repeated the N-word when recounting the statements of others.”
The key findings also said he “engaged in inappropriate behavior towards female employees … made inappropriate comments about the physical appearance of female employees and other women and on several occasions engaged in inappropriate physical behavior towards male employees.”
It also found that Sarver demeaned employees, including “yelling and cursing at them.”
Among those on the record with anecdotes about allegations in the original ESPN story were former head coach Earl Watson, assistant coach Corliss Williamson and player Taylor Griffin, all of whom are black.
According to ESPN’s initial story, some of the Suns’ 20-member ownership group considered ways to oust Sarver within the first decade of his ownership, which began in 2004.
“The level of misogyny and racism is beyond,” one Suns co-owner said of Sarver. “It’s embarrassing as an owner.”
“He’s not ignorant,” said another member of the ownership group of Sarver’s behavior. “He does it because of power.”
Former co-owner and general manager Steve Kerr, former president of basketball operations Lon Babby and current chief financial officer Jim Pitman spoke on the record to deny they had seen evidence of indiscretions.
The specific allegations include anonymous employees claiming Sarver hired former interim coach Lindsey Hunter over then-assistant Dan Majerle with racial motives. He used explicit language while doing so.
“These [N-words] need one [N-word]” Sarver told the staff of his largely black team, according to the director.
Sarver again cited race as the reason the team hired Watson as head coach in 2016, a former Suns basketball executive said: A young black coach could relate better to black players, Sarver reasoned, and could “speak their language.”
The investigation could not confirm that Sarver used that language.
The owner used racial epithets on several occasions, sources told ESPN. Watson said he had an exchange with Sarver about not using that language when the owner talked about how Golden State Warriors forward Draymond Green, who is Black, used the N-word.
There are several accounts in Holmes’ history that accuse Sarver of using sexist language.
Former employees said he asked players about their sex lives and the sexual prowess of their significant others.
“Women have very little value,” one female former employee said she felt. “Women are possessions. And I think we’re nowhere near where he thinks men are.”
Anonymous former and current employees said they in the Suns’ personnel department feared retaliation for pursuing investigations in some cases.
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