In legal response, Nets reject allegations of racism re terminated/not rehired Black equipment team heads, claim team welcomed engagement with social justice

Responding to a federal lawsuit last November filed by two Black former team attendants, the Brooklyn Nets deny the alleged racial discrimination, offer a new gloss on statements cited by the staffers' white supervisor, and claim that one of the two had underperformed because he had a separate full-time job. 

Some of the team's responses complicate the charges, while others simply deny them, which means the factual dispute must be tested in court--or, perhaps, left unresolved if a settlement is negotiated. (See filing embedded at bottom.)

The background

According to the lawsuit, Eddie Bolden and Juwan Williams were the only seasonal, part-time team attendants not brought back for the 2020-21 season, which was suspended by the pandemic. 

Their lawsuit alleged that, though Bolden had worked since September 2014, and Williams two years earlier--both starting as ball boys, working their way up to co-captains of the equipment team--"their supervisor, Joe Cuomo, who is Caucasian," blocked their progress toward full-time work, while helping non-Black workers.

The lawsuit cited significant pushback from Cuomo when Bolden was "vocal about cultural racial disparities – specifically, around police brutality."

The response: social justice discussions

The lawsuit claimed that Bolden and Williams were among a group of employees that regularly took part in social justice conversations and that Black Nets players gravitated toward them--but while the players' voices were tolerated, the plaintiffs' voices were not.

In response, the team offered a denial, saying the allegations "describe Plaintiffs’ opinions about matters unrelated to the Nets and do not require a response, except it admits that Nets players and employees discussed social justice and other matters and avers that Defendant welcomed its players’ and employees’ engagement." 

The response: fuller context

The lawsuit cited a "social media post regarding Marshawn Lynch, a National Football League running back who chose to sit while the National Anthem was played at his game, Cuomo commented: I disagree with both protests. While Lynch’s right to protest is more civil, I feel like his message is eroded since he’s disrespecting the flag in the process."

The Nets don't deny Cuomo's comments, but say they should be seen in broader context:

Plaintiffs have omitted the full context of Cuomo’s posts, including Cuomo’s statement that “Diversity is an essential part of the foundation and continual growth of this country. My initial argument is simply that showing disrespect for the United States is not the way to go about creating meaningful change on a problematic issue” and Cuomo’s statement in reference to protestors in Charlottesville, Virginia in August 2017, that “Those bigots in Virginia do not represent this country. Not even close.”

The Nets deny several charges: that Cuomo was uncomfortable with certain rap music by Black artists, that he did not approve of plaintiffs having dicussions regarding social justice at work, that he prevented them from speaking to Nets players about such issues, and that that made other Black employees apprehensive.  

The Nets say that Bolden and Williams weren't fired, but rather their employment ended when the season was suspended.

While the Nets acknowledge that the plaintiffs contacted the GM Sean Marks to complain about not being hired for the 2020-21 season, they deny the claim in the lawsuit that Marks said they were a joy to be around.

The response: different criticism

The Nets deny that team Director of Basketball Operations Ryan Gisriel told Bolden that Cuomo had labeled the two lazy but say "one of Bolden’s colleagues on the Nets’ equipment team" had done so. 

Gisriel, according to the team's response, also said that the decision not to rehire Bolden was, in part, because he had "a full-time job with the Metropolitan Transit Authority that prevented him from working approximately half of the Nets’ home games and appeared to negatively impact Bolden’s performance."

The Nets admit the allegation that Cuomo had never told Bolden or Williams they were “lazy”, but assert he counseled them "on multiple occasions during their employment with Defendant to improve their performance." The lawsuit alleges they were never told they were underperforming, so this is another issue in dispute.

While the lawsuit claims that Nets brought on at least one Caucasion team attendant, the Nets deny that, saying they hired "several new Team Attendants for the 2021/22 season: one Hispanic individual, one of Indian descent, and two African-Americans."

The Nets deny that they have "blacklisted" Bolden regarding other NBA jobs or retaliated against him, as alleged.

What's next

A scheduling order in the case sets an initial conference, before a federal Magistrate Judge, for March 31.