The league’s investigation came after ESPN published a November 2021 story, based on interviews with more than 70 current and former employees, that included allegations of racism and misogyny in a sometimes hostile and toxic workplace in Phoenix during the tenure by Sarver. Sarver, who also owns the WNBA’s Phoenix Mercury, must also complete a training program focused on respect and appropriate behavior in the workplace. While the NBA says Sarver has “fully cooperated with the investigative process,” sources tell ESPN’s Baxter Holmes and Adrian Wojnarowski that he didn’t buy into the idea that he deserved a one-year suspension and a $10 million fine for his behavior. Sarver and the team have previously denied nearly all of the allegations and said they welcomed the league’s investigation.
In a release of its findings, the NBA said the investigation found Sarver used the N-word at least five times “when recounting the statements of others.” There were also “instances of unequal treatment of female employees,” the NBA said in its statement, including “sex-related comments” and inappropriate comments about the employees’ appearance. Sarver treated employees in a “derogatory” manner, including “yelling and cursing.” As part of the suspension, Sarver is prohibited from being near NBA or WNBA facilities, including offices and practice facilities. Also may not participate in any NBA or WNBA event or activity, or represent the Suns or Mercury in a public or private manner. “The statements and conduct described in the findings of the independent investigation are troubling and disappointing,” NBA commissioner Adam Silver said in the statement. “We believe the outcome is the right one, considering all the facts, circumstances and context brought to light by the comprehensive investigation of this 18-year period and our commitment to proper standards in NBA workplaces. “I hope the NBA community will use this opportunity to reflect on what this great game means to people everywhere and the values of equality, respect and inclusion it strives to represent. Regardless of position, power or intent, everyone must recognize the corrosive and damaging impact of racially insensitive and demeaning language and behavior. On behalf of the entire NBA, I apologize to everyone affected by the misconduct described in the investigators’ report. We must do better.” Led by New York-based law firm Wachtell Lipton, the investigation included interviews with more than 320 current and former employees as well as Sarver, the NBA said. It also reviewed more than 80,000 documents and other material, including emails, text messages and videos. The Suns gave access to human resources files and thousands of internal emails, these sources said. Experts from Deloitte, a London-based global accounting firm, and Kirkland Ellis, a Chicago-based law firm, also participated in the investigation. In interviews with Wachtell Lipton attorneys, some of which were conducted in person, by phone and via video conference, Suns officials confirmed a number of allegations published in ESPN’s November story, introduced others and provided documents, including emails. The league investigation marked the third of its kind focused on a team owner since Adam Silver became NBA commissioner in 2014 — with Wachtel Lipton leading all three cases.
