Play.
The report shows sexism and racism in the Phoenix Suns organization.
There are allegations of a toxic work environment within the Phoenix Suns' organization. 3:44
The time is 8:07 PM.
The New York-based law firm leading the NBA's investigation into the workplace culture of the Phoenix Suns under owner Robert Sarver has begun scheduling and conducting in-person interviews of current and former team employees, but it's unclear whether those who have signed non-disclosure agreements will
The Suns organization and the NBA refused to answer questions from the sports network about whether the former employees will be released from their confidentiality agreements in order to avoid legal penalties if they speak to investigators.
The Suns are fully cooperating with the investigation, but they wouldn't answer questions about the release.
NBA spokesman Mike Bass said that it would be irregular to detail the methods of an investigation while it is ongoing, as doing so could potentially prejudice or otherwise jeopardize the integrity of the investigation. The process will be fair and impartial.
An investigation was launched by the league after a story was published about a sometimes hostile and toxic workplace during the 17 year tenure of majority owner Robert Sarver in Phoenix. League sources said that the Suns encouraged employees to participate. Sources previously said that confidentiality was ensured to everyone who requested it to participate in the investigation when two investigators visited Phoenix.
One former Suns employee told the sports network they would be happy to speak with investigators if they were assured they wouldn't face legal consequences. The employee is hopeful that the NBA will support him.
league sources said that investigators have been coordinating off-site interviews with employees in the days and weeks ahead. The attorneys have requested documents from the Suns, including emails, human resources records and information about non-disclosure agreements.
A former Suns human resources employee told ESPN that the organization would often make a settlement agreement when an employee threatened to take legal action. The number of former employees who signed non-disclosure agreements is of interest to some Suns ownership group members.
The league and the Phoenix Suns want an "open and transparent investigation," but what is taking so long with employees being released from their confidentiality agreements? This should be done already.
According to Michael Selmi, an Arizona State University law professor who focuses on employment and discrimination law, he would expect all current and former employees who signed non-disclosure agreements to be allowed to speak to the league's investigators.
Selmi said that it would be hard to label employees who participate in the investigation as full cooperation.
The reality is hard to enforce. Most people abide by them because of the fear of penalties, but there isn't much case law about when they're not, because there isn't much enforcement in courts over NDAs.
Selmi said that the Suns could take legal action against employees who signed the agreements.
The NBA's constitution gives commissioner Adam Silver broad powers to protect the integrity of the game of professional basketball and preserve public confidence in the League.
Silver has the right to require "testimony and the production of documents and other evidence" from any employee, owner or member of the NBA.
The contact information for the investigating attorneys was given to employees by the Suns in the weeks since, with many reaching out to the investigators to inquire about times to meet, league sources said.
