NBA Suspends Suns Owner Sarver, Fines Him $10M For Racial, Sexual Misconduct

By Barry Janoff

September 13, 2022: The NBA said today that Robert Sarver, managing partner of the Phoenix Suns and the WNBA’s Phoenix Mercury, has been suspended from the Suns/Mercury organization for a period of one year and fined $10 million, the maximum permitted by the NBA Constitution and By-Laws.

The move comes following a months-long independent investigation that found, according to the NBA, Sarver “engaged in conduct that clearly violated common workplace standards, as reflected in team and league rules and policies.

“This conduct included the use of racially insensitive language; unequal treatment of female employees; sex-related statements and conduct; and harsh treatment of employees that on occasion constituted bullying.”

The NBA said it would donate these funds to organizations that are committed to addressing race and gender-based issues in and outside the workplace.

Sarver has been Suns and Mercury owner since 2004.

The Mercury has been in the news much of this past year due to the incarceration of center Brittney Griner in Russia since February.

“The statements and conduct described in the findings of the independent investigation are troubling and disappointing,” NBA commissioner Adam Silver said via the league.

“We believe the outcome is the right one, taking into account all the facts, circumstances and context brought to light by the comprehensive investigation of this 18-year period and our commitment to upholding proper standards in NBA workplaces.
 
The investigation was launched by the NBA after the publication of an ESPN.com article on Nov 4, 2021 regarding statements and the conduct of Sarver and issues relating to the teams’ workplace,

The NBA commissioned an independent investigation by the law firm of Wachtell, Lipton, Rosen & Katz.

David Anders and Sarah Eddy, partners at the firm, led the investigation.

According to the NBA, the report of the independent investigation, which was issued publicly today, was “based on information gathered from interviews with 320 individuals, including current and former employees who worked for the teams during Mr. Sarver’s 18-year tenure as managing partner, Mr. Sarver, and other relevant individuals.”

The decision was also based on the evaluation of more than 80,000 documents and other materials, including e-mails, text messages and videos.

Sarver and the Suns/Mercury organization cooperated fully with the investigative process, according to the league.

"While I disagree with some of the particulars of the NBA's report, I would like to apologize for my words and actions that offended our employees," Sarver said via the Suns. "I take full responsibility for what I have done. I am sorry for causing this pain, and these errors in judgment are not consistent with my personal philosophy or my values.

"I accept the consequences of the NBA's decision. This moment is an opportunity for me to demonstrate a capacity to learn and grow as we continue to build a working culture where every employee feels comfortable and valued."

Among the key findings:
 
• Sarver, on at least five occasions during his tenure with the Suns/Mercury organization, repeated the N-word when recounting the statements of others.
    
• Sarver engaged in instances of inequitable conduct toward female employees, made many sex-related comments in the workplace, made inappropriate comments about the physical appearance of female employees and other women, and on several occasions engaged in inappropriate physical conduct toward male employees.

“Regardless of position, power or intent, we all need to recognize the corrosive and hurtful impact of racially insensitive and demeaning language and behavior."

• Sarver engaged in demeaning and harsh treatment of employees, including by yelling and cursing at them.

The independent investigation also substantiated instances of workplace misconduct engaged in by Suns employees that were not directly related to Sarver and a lack of proper organizational policies and controls.

Among other things, there were “instances of racial insensitivity, mistreatment of female employees, inappropriate commentary related to sex or sexual orientation, and disrespectful communications.”

The investigation also concluded that the Suns’ Human Resources function was historically ineffective and not a trusted resource for employees who were subjected to acts of improper workplace conduct.

Most of the Suns employees who engaged in these acts of misconduct over the 18-year period of investigation are no longer employed by the organization. 

In July 2021, the organization hired a new head of Human Resources who, along with other executives, "has since implemented a series of positive workplace changes," according to the NBA.
 
These include an “updated respect in the workplace policy, the creation of a confidential hotline for reports of misconduct, an investigation response team for conducting internal investigations, additional workplace training on key policies, and a new parental leave policy.”

In addition to Sarver’s suspension and fine, Sarver must, during his suspension, complete a training program focused on respect and appropriate conduct in the workplace.

The Suns/Mercury organization must fulfill a series of requirements for workplace improvements set forth and monitored by the NBA.  These requirements, among other things, include:
 
• Retaining an outside firm to evaluate and make recommendations with respect to workplace training programs, policies and procedures, and hiring and compensation practices — with a focus on fostering a diverse, inclusive, and respectful workplace.

• Conducting regular and anonymous workplace culture surveys and responding to survey results with specific action plans.

• Immediately reporting to the league any instances or allegations of significant misconduct by any employee.

• For a period of three years, providing the league with regular reports related to steps taken by the organization to address these requirements.

“I am hopeful that 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 that it strives to represent,” commissioner Silver said.

“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 of those impacted by the misconduct outlined in the investigators’ report.

“We must do better.”

See the full report here.

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