By: Kevin T. Mullane
The investigation into allegations of a toxic workplace culture at the Washington Commanders (hereinafter “Commanders”) National Football League (hereinafter “NFL”) franchise has been ongoing for more than two years now.[1] It began in July 2020 following a bombshell Washington Post report which included numerous allegations of harassment and misconduct by team executives.[2] Commanders owner Dan Snyder (hereinafter “Snyder”) hired a prominent Washington D.C. area lawyer to investigate these claims, with the League ultimately taking over the investigation in August 2020.[3] After a decision by the NFL not to publicly release the findings of the internal investigation, the House of Representatives Committee on Oversight and Reform filed an inquiry on October 21, 2021.[4]
The allegations against the team are quite serious.[5] One specific allegation comes from a group of 15 former employees who claim they were sexually harassed and verbally abused by Commanders executives from 2006 through 2019. Allegations against Snyder personally have also been uncovered; Snyder allegedly paid a former female employee $1.6 to not publicly disclose her allegations or take any legal action.[6] It is further alleged that the use of non-disclosure agreements was a common practice in the Commanders organization, and that numerous employees have been silenced since Snyder purchased the team approximately two decades ago.[7]
The controversy surrounding the Commanders is similar to the circumstances surrounding the sale of the Carolina Panthers (hereinafter “Panthers”) back in 2018.[8] Former Panthers owner Jerry Richardson was personally accused of despicable acts of sexual harassment in the workplace towards female employees and directed a racial slur against a team scout.[9] The key difference was Richardson voluntarily sold the Panthers after the allegations against him piled up, and he ultimately became 1.1 billion dollars richer despite his actions.[10] Daniel Snyder has absolutely no intentions of selling the Commanders voluntarily.[11] Snyder has reportedly told associates he intends to fight to keep the Commanders and is prepared to use so called, “dirt” on fellow NFL Owners and League Commissioner Roger Goodell (hereinafter “Goodell”) if such a battle unfolds.[12]
Theoretically, it is possible that the NFL could remove Snyder and force the sale of the Commanders, but this would be an unprecedented scenario in the 102-year history of the NFL.[13] Section 8.13 of the NFL Constitution grants the power to the League Commissioner to determine whether an owner has violated the NFL Constitution or is guilty of, “conduct detrimental to the welfare of the league or professional football.”[14] The NFL Constitution further grants the power of the commissioner to force a vote by the owners to remove a team’s owner and effectively force them to sell their team with a three-fourth’s majority vote.[15]
It remains to be seen how this situation will play out.[16] The investigation has yet to conclude, but Goodell has stated its findings will be disclosed to the public when they become available.[17] Further, no discussion of Snyder was on the agenda for leagues meetings this past week, although the other Owners have been briefed on the investigation.[18]It is also a possibility that the allegations and investigation have begun to turn other NFL owners against him.[19]Indianapolis Colts owner Jim Irsay recently commented that he believes serious consideration should be given to removing Snyder following the conclusion of the investigation.[20] Irsay further implied that the NFL could have enough votes to remove Snyder as Commanders’ owner should the issue come to a vote.[21] It would take 24 out of 31 votes to do so.[22] The Commander’s responded to Irsay’s comments, calling them highly inappropriate, and that once the investigation concludes, Irsay will find that there is no reason for Snyder to consider selling the Commanders.[23]
Nevertheless, if Snyder and his Commanders are responsible for the harm and silencing of numerous individuals, it would be in the best interest of justice that he faces the same fate as the now disgraced Jerry Richardson and sell the Washington Commanders.
[1] See Sources: Commanders boss Snyder claims ‘dirt’ on NFL owners, Goodell, ESPN (Oct. 13, 2022), https://www.espn.com/nfl/story/_/id/34778123/washington-commanders-owner-dan-snyder-claims-dirt-nfl-owners-roger-goodell
[2] See id.
[3] See id.
[4] See Supplemental Memo for Hearing on “Tackling Toxic Workplaces: Examining the NFL’s Handling of Workplace Misconduct at the Washington Commanders”, Committee on Oversight and Reform (June 22, 2022), https://oversight.house.gov/sites/democrats.oversight.house.gov/files/2022-06-22%20Supplemental%20Memo%20Tackling%20Toxic%20Workplaces.pdf.
[5] See id.
[6] See Cydney Henderson, Details emerge of 2009 sexual assault allegation against Washington Commanders owner Daniel Snyder, USA Today(June 21, 2022, 10:54 PM), https://www.usatoday.com/story/sports/nfl/2022/06/21/details-emerge-2009-sexual-assault-allegation-against-daniel-snyder/7695748001/.
[7] See ESPN, supra note 1.
[8] See Jason Hewitt, Reflecting on the Jerry Richardson Scandal, FanNation (July 18, 2020, 10:06 AM), https://www.si.com/nfl/panthers/news/reflecting-on-the-jerry-richardson-scandal.
[9] See Joe Kozlowski, Who is Jerry Richardson and Why did the Carolina Panthers Remove His Statute, Sportscasting (June 11, 2020), https://www.sportscasting.com/who-is-jerry-richardson-and-why-did-the-carolina-panthers-remove-his-statue/.
[10] See Hewitt, supra note 8.
[11] See ESPN, supra note 1.
[12] See id.
[13] See David Steele, Colts Owner Says NFL May Have Votes To Remove Snyder, Law360 (Oct. 18, 2022, 6:00 PM), https://www.law360.com/employment/articles/1541174/colts-owner-says-nfl-may-have-votes-to-remove-snyder.
[14] Nat’l Football League, Const. and Bylaws of the Nat’l Football League 1, 30-32 (2006).
[15] See id.
[16] See Steele, supra note 13.
[17] See id.
[18] See id.
[19] See id.
[20] See id.
[21] See id.
[22] See id.
[23] See id.
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