Phoenix Suns Owner Suspended For Racial Slur, Other NBA Violations

PHOENIX, AZ — The NBA said Tuesday it has fined Phoenix Suns and Mercury owner Robert Sarver $10 million and suspended him for a year after an independent investigation found he had engaged in “workplace misconduct and organizational deficiencies.”

The investigation into Sarver’s behavior was launched last November after an ESPN.com article detailed allegations of racist, misogynistic and hostile conduct over his nearly two decades overseeing the franchise. Specific allegations were that Sarver routinely used a racial epithet and treated female employees differently than their male peers.

More than 320 individuals were interviewed and more than 80,000 documents were viewed by the New York-based investigating firm of Wachtell, Lipton, Rosen & Katz, the NBA said.

“While it is difficult to identify with precision what motivated Sarver’s workplace behavior described in this report, certain patterns emerged from witness accounts: Sarver often acted aggressively in an apparent effort to provoke a reaction from his targets; Sarver’s sense of humor was sophomoric and inappropriate for the workplace; and Sarver behaved as though workplace norms and policies did not apply to him,” the report said.

Sarver said he will “accept the consequences of the league’s decision” and apologized for “words and actions that offended our employees," though noted he disagreed with some of the report's findings.

Although investigators said Sarver used a racial slur to describe Black players on at least five occasions, they did not find that he “used this racially insensitive language with the intent to demean or denigrate,” according to the report released by the NBA.

He also used demeaning language in interactions with female employees, including telling a pregnant woman she wouldn’t be able to do her job after giving birth; made off-color jokes about sex and anatomy; and yelled and cursed at employees in ways that would be considered bullying “under workplace standards.”

The NBA levied the maximum fine possible under its rules. The fine will be donated to “organizations that are committed to addressing race and gender-based issues in and outside the workplace,” the league said.

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

Sarvrer, who is forbidden from attending any NBA or WNBA function or facility for one year or having any involvement in the Suns and Mercury franchises for a year, said he takes “full responsibility” for his behavior.

“I am sorry for causing this pain, and these errors in judgment are not consistent with my personal philosophy or my values,” he said, adding, “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.”

During his suspension, Sarver will be required to complete a training program “focused on respect and appropriate conduct in the workplace,” the league said.

Sarver, through his attorney, continued denying the allegations as recently as June in a letter to the league and insisted the claims against him were “demonstrably false.”

The attorney, Thomas Clare, wrote that Sarver’s record shows a “longstanding commitment to social and racial justice” and that it attests to his “commitment to diversity, equity, and inclusion.”

“Mr. Sarver is one of few NBA owners who continues to support and advance the development of women’s professional basketball,” Clare wrote, citing upgrades to the Mercury team facilities, how the Suns claim a league-best rate of 55 percent employment of minorities within its front office and how more than half of the Suns’ coaches and general managers in Sarver’s tenure — including current coach Monty Williams and current GM James Jones — are Black.

Specifically, the investigators wrote in their report:

• Sarver engaged in “crude, sexual and vulgar commentary and conduct in the workplace,” including references to sexual acts, condoms and the anatomy, referring to both his own and those of others.

• Sarver sent a small number of male Suns employees “joking pornographic material and crude emails, including emails containing photos of a nude woman and a video of two people having sex.”

• Sarver exposed himself unnecessarily to a male Suns employee during a fitness check, caused another male employee to become uncomfortable by grabbing him and dancing “pelvis to pelvis” at a holiday party, and standing nude in front of a male employee following a shower.

• Sarver made comments about female employees, including the attractiveness of Suns dancers, and asked a female Suns employee if she had undergone breast augmentation.

The league also will require the Suns and Mercury to engage in a series of workplace improvements, including retaining outside firms that will “focus on fostering a diverse, inclusive and respectful workplace.”

Employees of those organizations will be surveyed, anonymously and regularly, to ensure that proper workplace culture is in place. The NBA and WNBA will need to be told immediately of any instances, or even allegations, of significant misconduct by any employees.

All those conditions will be in place for three years.

Sarver and the Suns and Mercury “cooperated fully with the investigative process,” the league 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,” Silver said. “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.”

The Associated Press contributed reporting.