Sep 23, 2024

Congress Says Sexual Harassment Investigation by NFL Franchise Not Transparent or Independent After Unearthing “Private Legal Agreement” Between NFL Parties

by Diane Lilli | Feb 11, 2022
Daniel Snyder, the owner of the Washington Commanders, is the subject of an N.F.L. inquiry into sexual harassment allegations against him. Credit...Patrick Semansky/Associated Press Photo Source: Daniel Snyder, the owner of the Washington Commanders, is the subject of an N.F.L. inquiry into sexual harassment allegations against him. Credit...Patrick Semansky/Associated Press

Members of Congress raised a red flag against the Washington Commanders and the NFL last week, claiming their investigation into sexual harassment charges is not independent and transparent as promised. Congress made the announcement after discovering a private, legal agreement between the two parties.

In 2020, an investigation into charges by numerous women found the culture of the Washington team, now called the Washington Commanders, was one of sexual harassment and unfair treatment of women employees.

The Washington Post had interviewed numerous former staff in 2020, resulting in a scandal and investigation into the alleged toxic, sexist culture of the Washington team.

The NFL fined the team $10 million. Team owner Dan Snyder was forced to temporarily give up his control and daily management of the franchise to his wife as the investigation ensued.

Now, documents shared by the House Committee on Oversight and Reform state the NFL league and the Washington Commanders, who promised to follow a “joint legal strategy” during their probe, instead hid the promised sharing of all vital information during the investigation of sexual harassment charges.

This unearthed private agreement, the House Committee on Oversight and Reform stated on Friday, meant the NFL and Washington Commanders would not share any damming results of their investigation unless both parties agreed. Congress called this private agreement unfair.

Team owner Snyder originally launched the investigation, but the league, after signing the legal agreement, then removed Snyder from the probe and took on the case. The private, signed legal agreement between the NFL and Washington Commanders mandated all results of the probe could not be shared with anyone unless both the NFL and Washington Commanders agreed.

As part of the investigation, the Washington Commanders and owner Snyder had agreed they would create a written report with their attorney’s assistance. However, the House Committee on Oversight and Reform discovered NFL Commissioner Roger Goodell interceded and instead asked the law firm working with the NFL and Washington Commanders to share their findings with him orally and not in any kind of written report.

Another discrepancy resulting from the investigation into the culture of sexual harassment at the Washington team was the broken promise made by them that no employee who had harassed women would remain working for the team.

A former employee and sexual harassment victim, Tiffani Johnston, told Congress that despite that specific promise, Snyder was still employed by the team, even after sexually harassing her. Snyder denies any wrongdoing.

After the House Committee on Oversight and Reform shared its damning statement last Friday about the investigation, Jordan Siev, the attorney for the Snyder, released a statement that denigrated Johnston’s claims. Siev said she left the team "through a thankful and cheery resignation note more than 13 years ago.”

A day before Congress released the statement criticizing the NFL and the Washington team, Johnston participated in a congressional round-table meeting with other former Washington Commander employees. The women told Congress about their personal experiences of sexual harassment, also saying the team had not been punished for its toxic workplace culture against women.

Last week, the House Committee on Oversight and Reform sent a letter to NFL Commissioner Goodell following their negative statement.

Congress demands Beth Wilkinson, the attorney whose firm conducted the investigation, share the “full findings” of the investigation to them by February 14. If they do not share the complete findings of the investigation, the letter promised they would use “alternate means of obtaining compliance.”

“The NFL must explain why a target of its investigation was given the ability to block the release of the investigation’s findings and why the NFL instructed Ms. Wilkinson to reverse course and not provide a written report,” the letter said. “Most importantly, the NFL must end its months-long efforts to hide the truth about misconduct at the (Washington Commanders) and cooperate with the committee’s investigation.”

Hours after Congress released the critical statement about the private agreement between the NFL and the Washington Commanders, NFL spokesman Brian McCarthy said that contrary to the agreement the NFL league, and not the team, would solely decide if information unearthed by their investigation would be released.

Spokesman McCarthy also said in his statement that the NFL has cooperated with Congress.

“The committee has requested many documents which are clearly protected by the attorney-client privilege or are attorney work product,” said McCarthy. “The league, and not the team, has and will determine which information it is in a position to produce."

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Diane Lilli
Diane Lilli
Diane Lilli is an award-winning Journalist, Editor, and Author with over 18 years of experience contributing to New Jersey news outlets, both in print and online. Notably, she played a pivotal role in launching the first daily digital newspaper, Jersey Tomato Press, in 2005. Her work has been featured in various newspapers, journals, magazines, and literary publications across the nation. Diane is the proud recipient of the Shirley Chisholm Journalism Award.