Ranking Member Raskin Introduces New Legislation in the Wake of Washington Commanders Sale and Release of Damning Report
Legislative Package Addresses Use of Non-Disclosure Agreements and Unauthorized Use of Professional Images Based on Investigation Findings
Washington, D.C. (July 20, 2023)—Today, Rep. Jamie Raskin, Ranking Member of the Committee on Oversight and Accountability, released the following statement regarding the sale of the Washington Commanders and the NFL's release of the Mary-Jo White Report that was prompted by findings from the Committee's year-long investigation into decades of workplace misconduct at the organization:
"The Committee's investigation of the Washington Commanders has always been about demanding transparency and accountability from the Commanders and the NFL on behalf of employees and workers subjected to a toxic work environment that pervaded the Commanders' organization and other NFL teams and which the League covered up. I am hopeful that the sale will provide much-needed closure to the hundreds of victims of the Commanders' workplace culture and mark an end to a sad chapter in the NFL's history.
"I commend Commissioner Goodell for honoring his commitment to the Oversight Committee and to the public by releasing the full report of the independent review conducted by Mary Jo White. Ms. White's investigation sustained Tiffany Johnston's allegations of sexual harassment by Mr. Snyder. The investigation also sustained allegations, first brought to the Committee's attention by Jason Friedman, that the Commanders unlawfully retained millions of dollars of fans' security deposits for season tickets and, with Mr. Snyder's awareness and support, concealed tens of millions of dollars of income from the League, in violation of its revenue-sharing obligations. The conclusions of Ms. White's investigation directly contradict Mr. Snyder's sworn testimony to the Oversight Committee, repeatedly denying Tiffani Johnston's sexual harassment allegation, which he had referred to as ‘outright lies.'
"While the release of this report is an important step in pulling back the curtain on of the full scope of the misconduct and toxic workplace culture at the Washington Commanders, many questions remain unanswered. Dan Snyder and the Washington Commanders failed to cooperate with the investigation conducted by Mary Jo White, and the NFL continues to refuse to release the full report of the investigation conducted by Beth Wilkinson. While I am heartened that the NFL has taken steps to hold Mr. Snyder accountable, I urge the NFL to ensure all employees throughout the League are protected from workplace misconduct.
"The findings of the Committee's investigation into the Commanders' decades-long toxic workplace culture, the NFL's handling of the investigation into this matter, and the NFL's role and record in setting and enforcing workplace standards across the League have established that Congress cannot simply rely on the NFL to achieve real change. It is incumbent upon Congress to enact legislation to ensure that the Commanders, the NFL, and employers around the country take meaningful action to protect employees and ensure they are free to report misconduct. Today, I am introducing a legislative package to protect workers and address the significant gaps in federal law that have for too long shielded those in power from real accountability."
Today, Ranking Member Raskin introduced the Accountability for Workplace Misconduct Act to rein in the abuse of non-disclosure, confidentiality, and non-disparagement agreements in the workplace, and the Professional Images Protection Act to create new protections for employees whose images are used for illegitimate purposes. Both bills were previously introduced in the 117th Congress by Chairwoman Carolyn Maloney.
Click here for bill text on Accountability for Workplace Misconduct Act.
Click here for bill text on Professional Images Protection Act.
Background
On October 21, 2021, Committee Democrats launched an investigation into the Commanders' workplace culture and the National Football League's (NFL) handling of that matter.
On February 3, 2022, Committee Democrats held a roundtable with several former Commanders employees who detailed a culture of sexual harassment, verbal abuse, and other misconduct within the team. During the roundtable, the employees described how the NFL failed to address the toxic workplace culture and called on the NFL to release the results of their internal investigation. Tiffani Johnston, a former marketing and events coordinator, marketing manager, and cheerleader, also revealed that Dan Snyder, then-owner of the Commanders, had sexually harassed her during her employment with the team.
Following Committee Democrat's roundtable, the NFL announced it would hire former SEC Chair Mary Jo White to conduct an independent investigation into the new allegations against Dan Snyder and agreed to publicly release its findings.
On February 4, 2022, the Committee released new information showing that, prior to taking over the Washington Commanders' July 2020 internal investigation into the team's toxic workplace, the NFL entered into a secret common interest agreement with the Commanders that allowed Dan Snyder to object to the release of information related to the investigation, raising newfound concerns over the independence of that investigation.
On April 12, 2022, Committee Democrats sent a letter to the Federal Trade Commission and the D.C., Maryland, and Virginia attorneys general, sharing new information uncovered by the Committee that indicated senior Washington Commanders executives, including Snyder, may have engaged in a troubling, long-running, and potentially unlawful pattern of financial conduct that may have victimized thousands of team fans and the NFL. Following the referral, all three attorneys general announced investigations into potential deceptive business practices, and federal prosecutors in the Eastern District of Virginia opened a criminal probe based on the information provided.
On June 17, 2022, Chairwoman Maloney introduced legislation to rein in the abuse of non-disclosure, confidentiality, and non-disparagement agreements in the workplace and create new protections for employees whose professional images are used for illegitimate purposes.
On June 22, 2022, Committee Democrats released a memo revealing new evidence demonstrating that during the NFL's internal investigation into the Commanders' toxic workplace, Snyder launched a shadow investigation into his accusers in an apparent effort to discredit them in the eyes of the NFL and place blame on Commanders' former team president, Bruce Allen.
On June 23, 2022, Committee Democrats held a hearing with NFL Commissioner Goodell on the toxic workplace culture at the Washington Commanders, including allegations of sexual harassment, which spanned multiple decade. Dan Snyder refused to attend the hearing. The hearing also addressed the Commanders' and the NFL's failure to take meaningful steps to prevent and address this misconduct.
On July 28, 2022, Committee Democrats conducted a deposition with Dan Snyder during which he provided misleading testimony and testified more than 100 times that he could not recall key information or basic facts.
On December 8, 2022, Committee Democrats released a staff report presenting the Committee's findings from its year-long investigation into the Washington Commanders' decades-long toxic workplace culture, the NFL's handling of the investigation into this matter, and the NFL's role and record in setting and enforcing workplace standards across the League.
On June 30, 2023, Ranking Member Jamie Raskin sent a letter to NFL Commissioner Roger Goodell demanding that he make good on his promise to share the full report of Mary Jo White's investigation into allegations of sexual misconduct against Dan Snyder and financial misconduct by the team, and take appropriate action in response to the investigation's findings.
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