The California Attorney General and New York Attorney General have launched a joint investigation into allegations of employment discrimination and a hostile work environment at the NFL.

What Triggered the Investigation?

The joint investigation stems from allegations made by former employees alleging gender discrimination and retaliation. A joint press release[i] summarized some of the key events that led to the investigation’s launch:

• February 2022: The New York Times reported[ii] on the more than 30 former female employees alleging gender discrimination and retaliation after they had filed complaints with the NFL’s human resources division.

• April 2022: New York Attorney General Letitia James led a coalition of six attorneys general in sending a letter[iii] to NFL Commissioner Roger Goodell. The letter requested the NFL to investigate allegations of workplace inequity.

• April 2023: A former director for NFL Enterprises LLC sued the organization for age and gender discrimination. The complaint alleged "pervasive sexism" in the workplace and a "boys' club" mentality among male peers, and attributed her 2022 layoff to retaliation for her complaints.

What is the Scope of the Investigation?

The joint investigation seeks information from the NFL regarding allegations of gender pay disparities, harassment, and gender and race discrimination. According to the joint press release, the Attorney Generals believe that the NFL has not taken sufficient effective steps to prevent discrimination, harassment and retaliation from occurring in the workplace.

“No person should ever have to endure harassment, discrimination, or abuse in the workplace,” said Attorney General James. “No matter how powerful or influential, no institution is above the law, and we will ensure the NFL is held accountable.”

“California will not tolerate any form of discrimination,” said California Attorney General Bonta. “We have serious concerns about the NFL’s role in creating an extremely hostile and detrimental work environment. No company is too big or popular to avoid being held responsible for their actions.”

This investigation is the latest of a number of high-profile investigations involving the NFL and alleged discrimination. It will be interesting to see how this plays out and if the Commissioner is able to “defend the shield” and protect the NFL’s reputation.

Ken Winkler is a shareholder at Berman Fink Van Horn P.C. in Atlanta, where he counsels employers and business owners on employment law and compliance, including workplace issues such as harassment (#MeToo) and discrimination; ADA, FMLA and other employment laws governing the workplace; employment restrictions (non-competes); and employment and business litigation. Ken obtained his law degree (1993) and B.S.B.A (1990) from The Ohio State University. You can read his blog, SportsFansGuide2HR, and connect with him via LinkedIn and Twitter @kwinklerbfvlaw.

Sources: [i] Attorneys General James and Bonta Launch Investigation into National Football League’s Workplace Practices and Culture, Office of the N.Y. State Attorney General (May 4, 2023), https://ag.ny.gov/press-release/2023/attorneys-general-james-and-bonta-launch-investigation-national-football-leagues. [ii] Katherine Roseman & Ken Belson, Promised a New Culture, Women Say the N.F.L. Instead Pushed Them Aside, The New York Times (Feb. 8, 2022), https://www.nytimes.com/2022/02/08/sports/football/nfl-women-culture.html. [iii] Attorney General James Demands NFL Address Gender-Based Discrimination, Office of the N.Y. State Attorney General (Apr. 6, 2022), https://ag.ny.gov/press-release/2022/attorney-general-james-demands-nfl-address-gender-based-discrimination. Ken Winkler is a shareholder at Berman Fink Van Horn P.C. in Atlanta, where he counsels employers and business owners on employment law and compliance, including workplace issues such as harassment (#MeToo) and discrimination; ADA, FMLA and other employment laws governing the workplace; employment restrictions (non-competes); and employment and business litigation. Ken obtained his law degree (1993) and B.S.B.A (1990) from The Ohio State University. You can read his blog, SportsFansGuide2HR, and connect with him via LinkedIn and Twitter @kwinklerbfvlaw.