Former Suns Employee Seeks $60M in Damages Over Discrimination Claim

The Phoenix Suns are facing serious allegations from a former employee, Andrea Trischan, who is claiming discrimination and wrongful termination. Trischan is seeking $60 million in damages as outlined in a detailed 25-page statement acquired by ESPN.

Trischan, previously the program manager for diversity, equity, and inclusion at the Suns, has filed a complaint with the U.S. Equal Employment Opportunity Commission as well as the Arizona attorney general’s office, which is currently looking into the case.

According to her attorney, Sheree Wright, Trischan’s complaints include ongoing racial discrimination, harassment, and retaliation that she allegedly suffered during her time with the Suns. Trischan reportedly encountered overtly racist remarks and a hostile work environment, which she claimed went unaddressed even after she reported these issues to human resources and higher management.

Trischan joined the Suns on September 19, 2022, just days after the NBA suspended former owner Robert Sarver for one year and imposed a $10 million fine due to his behavior and the toxic workplace culture during his 18-year tenure. This investigation led to significant changes being mandated within the organization.

The Arizona attorney general’s office has not commented on the matter publicly, citing their policy of not confirming the existence of investigations.

In response to Trischan’s allegations, Stacey Mitch, the senior vice president of communications for the Suns and Mercury, stated that Trischan had been terminated due to her failure to perform job responsibilities during her less than 10-month tenure. Mitch described Trischan’s claims as unfounded and suggested that she was attempting to use past media reports to substantiate her demands for a significant payout.

The allegations surfaced amidst ongoing scrutiny of workplace practices following Sarver’s departure. As part of the restructure, the Suns were required by the NBA to enhance their diversity, equity, and inclusion strategies. This included hiring an external firm to review workplace policies and training programs.

In November 2022, soon after starting her role, Trischan discovered that a diversity council was being established without her input. This council included executives who were implicated in a report released by ESPN that highlighted misconduct among the team’s leadership. Such executives included Jason Rowley, then-team president; Dan Costello, executive vice president of revenue; Kyle Pottinger, senior vice president of ticket sales; and Melissa Goldenberg, general counsel.

Alarmed by the involvement of these executives on the new diversity council, Trischan began to look into their conduct. However, her investigation did not sit well with her direct supervisor, Kim Corbitt, who later expressed concerns and instructed her to cease the inquiry.

According to Trischan, the interaction with Corbitt illustrates a culture that seemingly discourages addressing discriminatory behaviors rather than confronting them head-on. Moreover, she reported that Corbitt justified the inclusion of the executives on the diversity council as a means for them to “reshape their image.”

In defense, a Suns spokesperson clarified that the diversity council, which comprises the entire executive team and other organizational leaders, aims to enhance the team’s commitment to diversity, equity, and inclusion, and should not be perceived as misleading.

Despite her efforts to voice concerns about the conduct of those involved in the diversity council, Trischan alleges that she faced harassment and retaliation from both peers and superiors, which resulted in her being placed on a performance improvement plan in late May followed by her termination in July 2023.

Trischan’s legal team remains prepared to formalize a lawsuit against the Suns, expecting to file before the impending deadline in mid-November. Meanwhile, the Suns have expressed their commitment to cooperating during the ongoing review by the Arizona Civil Rights Division, asserting confidence in the outcome.

Of the executives mentioned in the ESPN investigation, most remain with the team after Sarver’s sale. Rowley resigned in February 2023, shortly before billionaire Mat Ishbia took over as the new majority owner of the Suns.

The ownership change came after Ishbia purchased the organization from Sarver, valuing the franchise at $4 billion.