A journalistic complaint about 18 years of inappropriate behavior has ended in a sanction for Robert Sarver, owner and manager of the Phoenix Suns professional basketball team.
After an independent investigation, the NBA has decided to suspend Sarver from his position for one year and impose a fine of 10 million dollars, the maximum possible, for his racist and sexist conduct that sometimes constituted harassment, as reported by the league in a statement.
Sarver engaged in "conduct that clearly violated common workplace norms, as reflected in team and league rules and policies," the report said.
“This conduct included the use of racially insensitive language;
discriminatory treatment of female employees;
sex-related statements and conduct, and harsh treatment of employees that sometimes amounted to harassment,” he adds.
In the statement, NBA Commissioner Adam Silver said: “Regardless of position, power or intent, we must all recognize the corrosive and hurtful impact of racially insensitive and demeaning language and behavior.
On behalf of the entire NBA, I apologize to everyone affected by the misconduct outlined in the investigators' report.
We must do better."
The NBA, in which the majority of the players are African-American, has been fighting racism for years.
In 2014, he banned the owner of the Los Angeles Clippers for life for his racist comments.
The players have mobilized on several occasions against discrimination and racism inside and outside the league.
The conclusions of the report published this Tuesday indicate that Sarver repeated the word
nigger,
a way considered derogatory and insulting to refer to African-Americans, on at least five occasions during his tenure.
The owner and manager of the Suns and also of the Phoenix Mercury, the women's professional league (WNBA) team, also incurred in cases of unfair conduct towards female employees, made many comments related to sex in the workplace, made inappropriate comments about the physical appearance of female workers and other women, and on several occasions engaged in inappropriate physical conduct toward male employees.
In addition, he dedicated himself to treating employees in a degrading and harsh manner, including yelling at them and cursing at them, the NBA said in the statement announcing his sanction.
Among other sexist examples, he told a pregnant employee that she wouldn't be able to do her job as a mother, berated another worker in front of others and then commented that women cry too much, and organized a women-only lunch for employees to of the Western Alliance Bank, where he was CEO, explain to the Suns how to meet their demands, the report says.
“Sarver frequently commented and teased employees in settings large and small about sex and sex-related anatomy, including making rude or inappropriate comments about the physical appearances and bodies of female employees and other women.
On four occasions, Sarver engaged in inappropriate physical conduct in the workplace towards male employees," adds the full 43-page report on the investigation.
The investigation stemmed from the publication of a Nov. 4, 2021, article on ESPN.com about Robert Sarver's statements and conduct.
The NBA commissioned an independent investigation by the law firm Wachtell, Lipton, Rosen & Katz, which was led by David Anders and Sarah Eddy, two partners in the firm.
an overall fault
The report is based on information gathered from interviews with 320 people, including current and former employees who worked for the Suns and Mercury during Sarver's 18-year tenure as managing partner, Sarver himself, who cooperated with the investigation, and other relevant persons.
The analysis of more than 80,000 documents and other materials, including emails, text messages and videos, has also been carried out.
“More than 100 people witnessed Sarver's statements or actions that violated applicable regulations.
And the conduct had a substantial impact on employees, with some witnesses describing their experiences with Sarver in emotional and forceful terms," the report said.
The independent investigation found instances of workplace misconduct by Suns employees not directly related to Sarver and a lack of proper organizational policies and controls.
“Among other things, the investigation found instances of racial insensitivity, mistreatment of female employees, inappropriate comments related to sex or sexual orientation, and disrespectful communications,” the NBA says.
The Human Resources department was ineffective in combating these behaviors and did not build trust with the affected employees.
Most of those responsible for such behavior are no longer with the Suns, who in July 2021 hired a new chief of staff who, along with other executives, has since applied best practices, has opened a confidential telephone line for complaints of misconduct, has created a team to conduct internal investigations, and has provided additional training on respect and appropriate behaviors in the workplace.
During his year of suspension, Sarver may not visit any NBA or WNBA team facility or attend or participate in any NBA or WNBA event or activity, including games, practices or activities. business partners.
He also may not represent the Suns or the Mercury or be involved in their business or sports operations.
Likewise, he is excluded from the business, governance or activities of the NBA or WNBA.
In that year, Sarver will be required to complete a training program focused on respect and proper conduct in the workplace.
The NBA will allocate the $10 million fine to organizations that are committed to addressing issues related to race and gender in and outside of the workplace.
The Suns/Mercury organization itself must take corrective and preventive measures so that the events are not repeated.
It will have to hire an outside company to assess and make recommendations on working conditions, conduct regular anonymous employee surveys, report any complaints to the NBA and provide the league with regular reports on them for three years.
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