NFL Faces Workplace Discrimination Probes in New York and California

(Bloomberg) -- The National Football League is being investigated by California and New York over allegations that it fostered discrimination and harassment in the workplace.

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New York Attorney General Letitia James and her counterpart in California, Rob Bonta, announced on Thursday they’ve begun a joint probe of the NFL’s workplace practices and culture. The states have issued subpoenas to the league to gather information and determine whether it flouted federal and state pay equity laws and anti-discrimination laws, the attorneys general said in a statement.

“No matter how powerful or influential, no institution is above the law, and we will ensure the NFL is held accountable,” James said.

An NFL spokesperson said the organization takes the issues “seriously and will fully cooperate with the attorneys general.”

“These allegations are entirely inconsistent with the NFL’s values and practices,” the spokesperson said. “The NFL offices are places where employees of all genders, races and backgrounds thrive. We do not tolerate discrimination in any form.”

James and Bonta cited a February 2022 New York Times report in which more than 30 former female NFL employees complained of gender discrimination and retaliation after they complained to human resources at the league. Last month, Jennifer Love, a former NFL director, sued the league for age and gender discrimination in Los Angeles Superior Court.

The attorneys general also pointed to the December Congressional report finding that Washington Commanders owner Dan Snyder fostered a culture of sexual harassment at the team. In November, Washington DC Attorney General Karl Racine alleged in a lawsuit that Snyder and the NFL misled the public about the league’s investigation of the matter. The team through its attorney said the suit repeated a lot of innuendo, half-truths and lies.

NFL Commissioner Roger Goodell testified in Congress last June that he thought the league had held Snyder accountable, saying the owner faced “unprecedented discipline” over the allegations and that the league fined the club $10 million in 2021. Goodell also said at the time that he supported legislation to limit the use of workplace nondisclosure agreements, which are sometimes use to keep misconduct allegations out of public view.

NFL Urged by States to Improve Conditions for Female Workers

Six attorneys general, including James, wrote a joint letter last year urging Goodell to improve working conditions for female employees. Attorneys general of of New York, Massachusetts, Illinois, Oregon, Washington and Minnesota told Goodell in the letter that “it is imperative that you ensure that all employees are treated equally, fairly and with the dignity they deserve.”

James had pointed to the video of former NFL running back Ray Rice brutally attacking his fiancé that was made public in 2014. Former employees have described incidents where they were repeatedly forced to watch the Rice video — while coworkers commented that the victim’s own behavior prompted the incident, according to the letter. They also said they were touched without consent by male bosses, attended parties where prostitutes were hired, and were passed over for promotions based on their gender, the attorneys general said.

In response to the letter, Goodell assured James that workplace misconduct is thoroughly investigated at the NFL and retaliation against complainants is prohibited. “Building a truly inclusive workplace is of the utmost importance to the NFL,” he wrote in April last year.

In March, a Black ex-NFL human resources employee sued the league in a New Jersey state court for treating her as a “second-class citizen” because of her race and gender. Victoria Russell claimed she had “a front row seat to the NFL’s culture of sexual harassment,” alleging the organization maintained a catalog with timestamps of football film footage linked to “sexualized and offensive descriptions of women captured on that footage,” including some displaying body parts of cheerleaders and female fans.

The NFL in recent years has faced other claims of workplace malfeasance, including a lawsuit filed by former Miami Dolphins head coach Brian Flores, along with two other Black coaches, alleging systemic hiring discrimination. The league has denied wrongdoing, but in March lost its bid to force the Flores suit out of open court and into private arbitration.

“We have serious concerns about the NFL’s role in creating an extremely hostile and detrimental work environment,” Bonta said.

(Updates with racial discrimination lawsuit filed in March)

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