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The NBA on Tuesday announced a one-year suspension and a $10 million fine for Phoenix Suns and Mercury owner Robert Sarver following a lengthy independent investigation into allegations of workplace misconduct.
server will work with the NBA to appoint a temporary governor to oversee the Suns in his absence, ESPN’s Baxter Holmes reports.
The league launched the investigation into Sarver following a November 2021 article published by Holmes, whose interviews with more than 70 current and former Suns employees revealed a history of alleged “racially insensitive language,” “misogynistic” behavior and other hostile workplace misconduct.
The law firm Wachtell, Lipton, Rosen and Katz was commissioned to conduct the investigation. Led by partners David Anders and Sarah Eddy, the investigation included 320 interviews and the review of more than 80,000 “documents and other materials, including emails, text messages and videos.” The firm’s findings formulated a 43-page report that was published in coordination with the NBA’s press release.
The study revealed the following key findings, as described in the report:
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Sarver said the N-word at least five times by repeating or pretending to repeat what a black person said — four of them after being told by black and white subordinates not to use the word, even in repeating someone else .
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Sarver used language and engaged in behavior that demeaned female employees. Among other examples, he told a pregnant employee that she would not be able to do her job when she became a mother; stated a female employee in front of others and then commented that women cry too much; and hosted an all-female lunch so female employees at Western Alliance Bank, where he was CEO at the time, could explain to female Suns employees how to deal with his demands.
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Sarver frequently commented and made jokes to employees in large and small environments about sex and gender-related anatomy, including making crude or otherwise inappropriate comments about the physical appearance and bodies of female employees and other women. On four occasions, Sarver engaged in inappropriate physical behavior in the workplace towards male employees.
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More than 50 current and former employees reported that Sarver frequently engaged in demeaning and harsh treatment of employees — including yelling and swearing at them — that at times constituted bullying by workplace standards.
The terms of the suspension bar Sarver from entering any NBA or WNBA facility for one year. During that time, he also cannot attend board meetings, represent his teams in any capacity, influence business or basketball decisions, or participate in any league-related events, including business partner activities.
“The statements and conduct described in the findings of the independent investigation are troubling and disappointing,” NBA commissioner Adam Silver said in a statement. “We believe the outcome is the right one, taking into account all the facts, circumstances and context brought to light by the extensive investigation of this 18-year period and our commitment to maintaining proper standards in NBA workplaces …
“Regardless of position, power or intent, we all need to recognize the corrosive and hurtful impact of racially insensitive and demeaning language and behavior. On behalf of the entire NBA, I apologize to all those affected by the misconduct outlined in investigators’ report. We have to do better.”
“The actions taken on behalf of the NBA and WNBA in response to the findings of the independent investigation are appropriate and necessary. We take great pride in being one of the most diverse and inclusive leagues in sports, and hopes that these actions will not only be used to establish a stronger workplace culture for the Suns/Mercury organization, but also shed light on the impact offensive language and inappropriate behavior can have on employees more broadly,” said the WNBA- Commissioner Cathy Engelbert in a statement.
In addition to the suspension and fine, Sarver must complete a training program “focused on respect and appropriate behavior in the workplace.” The Suns and Mercury are also mandated to hire an independent firm to “evaluate and make recommendations regarding training programs, workplace policies and procedures, and hiring and compensation practices – with a focus on promoting a diverse, inclusive and respectful workplace.” ” Regular workplace culture surveys and reports to the league office are also required.
Sarver’s punishment falls between the other two most severe punishments in league history.
The NBA in 2014 banned former Los Angeles Clippers owner Donald Sterling for life and fined him $2.5 million when the tapes of his racist remarks were made public. Sterling had previously faced numerous discrimination lawsuits, which included the largest housing discrimination settlement in American history.
In 2018, Dallas Mavericks owner Mark Cuban agreed to donate $10 million to organizations committed to combating domestic violence and supporting the professional development of women in sports, following an investigation that confirmed allegations of widespread sexual harassment and misconduct at the workplace in the organization. Cuban was not suspended for presiding over a systematic failure to protect employees.
The NBA will donate Sarver’s $10 million fine to organizations “committed to addressing racial and gender-based issues in and outside the workplace.” The league’s statement said Sarver “cooperated fully with the investigative process.” However, according to Holmes and ESPN colleague Adrian WojnarowskiSarver took issue with his suspension and fined during what became a “pretty ugly” punishment process.
“Good leadership requires accountability,” Sarver said in a statement Tuesday. “For the Suns and Mercury organizations, it starts with me. While I disagree with some of the details of the NBA’s report, I want to apologize for my words and actions that offended our employees. 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.”
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Ben Rohrbach is a staff writer for Yahoo Sports. Do you have a tip? Email him at rohrbach_ben@yahoo.com or follow him on Twitter! Follow @brohrbach
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