Ex-Suns employee seeks $60M in damages in discrimination complaint

The Phoenix Suns are embroiled in a dispute with a former employee who is claiming discrimination and wrongful termination and is seeking $60 million in damages, according to a 25-page statement from August 2024 that was obtained by ESPN.

That ex-employee, Andrea Trischan, who was the Suns’ program manager of diversity, equity and inclusion, filed a complaint with the U.S. Equal Employment Opportunity Commission and the Arizona attorney general’s office’s civil rights division, which is investigating the matter.

“Ms. Trischan filed a formal complaint … due to ongoing racial discrimination, harassment, and retaliation she experienced while employed with the Phoenix Suns,” Trischan’s attorney, Sheree Wright, wrote in an email to ESPN. “Specifically, Ms. Trischan endured overt racist comments and a hostile work environment that went unaddressed despite being reported to HR and executive leadership.”

Trischan was hired by the Suns on Sept. 19, 2022, six days after the NBA announced that then-owner Robert Sarver was suspended one year and fined $10 million following an NBA investigation into his conduct and the team’s workplace culture during Sarver’s 18-year tenure as the team’s majority owner.

The Arizona attorney general’s office declined to comment, noting it “does not confirm the existence of investigations or provide comments on any potential investigations,” a spokesperson for the office wrote in an email to ESPN.

“A former employee who last worked for the organization in 2023 was terminated after less than 10 months due to repeated failure to perform her job duties,” Suns and Mercury senior vice president of communications Stacey Mitch told ESPN. “This individual filed a baseless charge with a state agency and is now trying to use ESPN reporting from 2022, specific to previous ownership, to make egregious claims in order to support her ridiculous demand for $60 million from the Suns organization.

“To be clear, this individual is making false claims in an attempt to gain tens of millions of dollars. We are confident the courts will find no merit to these claims and quickly resolve this matter. The Phoenix Suns and Phoenix Mercury are creating a world-class organization for every employee. We will not let opportunists succeed in their attempts to manipulate the media and use years old reporting to seek financial gain.”

Trischan’s role was aimed at helping address issues that current and former Suns employees had described to ESPN as existing under Sarver, who announced his intent to sell the team soon after the NBA released the findings of its investigation.

One such finding, and the requisite requirement from the league, was that the Suns needed to address their diversity, equity and inclusion programs. Specifically, the NBA mandated the Suns retain an outside firm to “evaluate and make recommendations with respect to workplace training programs, policies and procedures, and hiring and compensation practices — with a focus on fostering a diverse, inclusive and respectful workplace.”

In November 2022, Trischan was nearly two months into her role when she said she learned that the team was creating a diversity council without consulting her and that it would feature several Suns executives. A month later, ESPN published another investigation outlining allegations of misconduct by several Suns executives who employees said played key roles in perpetuating a troubling workplace culture under Sarver. Some of those executives included then-team president and CEO Jason Rowley; executive vice president and chief revenue officer Dan Costello; Kyle Pottinger, the Suns’ senior vice president of ticket sales and service; and Melissa Goldenberg, the team’s general counsel.

When Trischan read ESPN’s story, she realized that some of the executives accused of misconduct had also been named to the team’s diversity council, Trischan said in her statement, which was sent to the Suns and the civil rights division of the AG’s office.

Trischan said in the statement that she then began investigating claims of misconduct against those executives. That same month, Trischan said Kim Corbitt, her direct manager and the Suns’ head of human resources, expressed concerns to Trischan about her investigation into Suns executives and to “cease her investigation into the report.”

“This interaction underscores how Corbitt’s approach aligns with practices that perpetuate a hostile work environment, rather than addressing underlying issues,” Trischan’s statement said.

Trischan said she voiced concerns to Corbitt about the executives who were named in the ESPN story, noting that they were mistrusted by staff while questioning their presence on the diversity council.

According to Trischan’s statement, Corbitt told Trischan that the executives were on the diversity council as a means to “reshape their image.”

“Ms. Trischan’s claims regarding the diversity council are misleading,” a Suns spokesperson said. “The purpose of the diversity council, which is comprised of the entire executive team and other leaders in the organization, is to listen to the diversity data and information on DE&I initiatives to continue to further the organization’s DE&I commitment.

“… Ms. Trischan’s job did not include any sort of investigatory or employee relations responsibilities.” 

Both before and after Trischan’s conversation with Corbitt, Trischan described facing harassment, discrimination and retaliation from colleagues and superiors, including Corbitt, “for attempting to address the Suns’ discriminatory behavior and for filing complaints,” the statement said.

Trischan, who said in her statement that she was placed on a performance improvement plan in late May, was terminated in July 2023.

Trischan and the Suns, who are working with an outside law firm, have discussed mediation to settle the dispute, but, to date, no agreement has been reached.

Her attorneys told ESPN that they have already prepared a formal lawsuit against the Suns and anticipate filing it. She has until Nov. 13 to do so, her attorneys said.

“The Suns continue to participate in the [Arizona Civil Rights Division] review in good faith,” a Suns spokesperson said. “We are confident that after the ACRD completes its review of Ms. Trischan’s charge, the ACRD will confirm that Ms. Trischan’s claims are factually and legally baseless.”

Of the Suns executives that were mentioned in the ESPN story from 2022, all but one remain with the team. Rowley resigned in February 2023, just before billionaire mortgage lender Mat Ishbia was introduced as the team’s new majority owner.

Ishbia bought the Suns and Mercury from Robert Sarver at a $4 billion valuation.