By: Zachary Draves
The NBA likes to boast that it is a forward thinking professional sports league on matters of race and gender. In many ways to their credit they have done that when it comes to representation in coaching, managerial, and front office positions and receiving an A rating from the Institute of Diversity and Ethics in Sports annual report card. They have also taken principled stands on matters of social justice that were most significantly led by the players. So one would think that the NBA has it all together and embodies the values and sensibilities of where we are in society, but when it comes to addressing the actions and behaviors of Phoenix Suns and Phoenix Mercury owner Robert Sarver, the NBA were regressive instead of progressive.
On Tuesday, Sarver was issued a one year suspension and a $10 million fine after the NBA concluded a one year investigation into allegations of racism and sexism during his 17 year tenure. The investigation led by the New York law firm Wachtell, Lipton, Rosen & Katz interviewed more than 320 current and former employees. According to the league’s statement, there were “instances of inequitable conduct toward female employees” including “sex-related comments”. They also found five occasions where he used the N-word when recounting the statements of others.
As part of the one year suspension, Sarver will be prohibited from attending any Suns/Mercury facilities, involving himself in basketball operations, and representing the teams in any public capacity.
In response, Sarver appears to be taking responsibility but includes a notable caveat saying “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 employee. 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.”
The Suns and Mercury issued a joint statement through their managing entity Suns Legacy Partners LLC that said they are “committed to creating a safe, respectful, and inclusive work environment that is free of discrimination and harassment. As the NBA acknowledged, we fully cooperated with the NBA’s investigation, which covered an eighteen-year period, including by encouraging current and former employees to participate.”
NBA Commissioner Adam Silver said “The statements and conduct described in the findings of the independent investigation are troubling and disappointing. 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.
When looking at the totality of the situation, the NBA has a lot of explaining to do. Starting with their own statement. They acknowledged Sarver’s words and actions, but then went on to say that there was “no finding that Sarver’s workplace misconduct was motivated by racial or gender-based animus.” How do you explain that logic?
Also all that they have done as far as advocating for equality goes, they should have followed their own precedent set back in 2014, when they issued a lifetime ban on disgraced Los Angeles Clippers owner Donald Sterling for his notorious racist comments. Most notably, that was Adam Silver’s first move after taking over for the late David Stern.
Sarver’s actions are no different than Sterling’s, so why only one year and not lifetime?
Also when you compare this to other past moves, it really makes one wonder whether the NBA has indeed moved forward entirely. Back in the 1990s, players Craig Hodges and Mahmoud Abdul Rauf famously were involved in social activism and were subsequently drummed out of the league. Hodges, who wore a Dashiki to the White House after the Chicago Bulls won their first championship in 1991 and handed a letter to then President George H. W. Bush, asking him to address racial inequality, saw his playing opportunities dry up even though he was the league’s three point champion. Abdul Rauf, who converted to Islam in 1994 and protested during the playing of the national anthem, was also quickly driven out of the league even though he was one of the best shooters in the game at the time. The NBA later instituted a policy requiring players to participate during the playing of the national anthem that is currently on the books.
If an owner in the present day, against the backdrop of Black Lives Matter and #MeToo, can get a slap on the wrist for racism and misogyny, but two players in the prime of their careers were barred because of their anti-racist principles, then has the NBA really learned much?
Also let’s not forget the Mercury are in this as well. This is one of the WNBA’s original teams which also happens to have on their roster Brittney Griner, who has been unjustly detained in Russia since February. The WNBA, which operates under the auspices of the NBA, has been fairly consistent in their principles around equality but had to immediately clean house in similar fashion in 2020 after the racist comments by then Atlanta Dream co-owner Kelly Loeffler.
The NBA also partnered with the WNBA in August in calling for further action to be taken to secure the release of Griner. So if the NBA is in collaboration with their sister league, advocating for the safety and well-being of a legendary player held captive, who also happens to play for a team that is owned by Sarver and ultimately treats him with kid gloves, then where is the consistency on their part?
Finally, there are those who understandably will call for a player’s revolt, where players potentially go on strike or boycott games in response, but that shouldn’t be needed. The NBA Board of Governors and Adam Silver need to check themselves first. It is unfair for the players to be the ones that always have the burden to make things right from the bottom up. The players have long advocated for respect and dignity. It is long overdue for those in the higher ups to heed those words and practice what they preach.
Given that the NBA has ostensibly positioned themselves as a supposed progressive cultural institution, they should be looked at with greater skepticism than the NFL. Time and time again the NFL has shown their ineffectivenss on matters of race, gender, and social justice (i.e. Jon Gruden, Dan Snyder, DeShaun Watson, and Brian Flores) and any hope for them to change has largely been lost. Whereas the NBA is at least perceived as different from that, which warrants more pressure.
The NBA blew an easy layup in this regard and if they don’t get it together soon, their defense in terms of public relations will be overpowered.