Tuesday September 26, 2023
The Best Employers in Sports Survey is Now Open!
Law

Could Sage Steele’s Lawsuit Spare Anchor From ESPN Cutbacks?

  • Steele sued ESPN and Disney last year over allegations her free-speech rights were violated.
  • Including Steele in latest cuts at network could increase ESPN's liability in case.
Sage Steele
Kirby Lee-USA TODAY Sports
Front Office Sports Today

How Jamie Erdahl Made Good Morning Football Her Own

Jamie Erdahl joins to discuss her career and the growth of “Good Morning Football.”
Listen Now
September 25, 2023 | Podcast
Linkedin
Copy Link
Link Copied
Link Copied

Sage Steele is one of the highest-paid employees at ESPN, a network undergoing another round of mandated cuts to on-air talent. 

However, the “SportsCenter” anchor’s lawsuit against ESPN and Disney could put her multiyear deal off limits during the ongoing cost-saving measures. 

“There’s always the potential to add a new claim for retaliation,” employment law attorney Hillary Lynch told Front Office Sports. “It could be seen as a continuing violation of what she’s already asserted.”

Steele sued ESPN and Disney in April 2022 for allegations her free-speech rights were violated when she claimed she was suspended for two days after her comments on former NFL quarterback Jay Cutler’s podcast. Steele described Disney’s COVID-19 vaccine mandate as “sick and scary” in the September 2021 interview. 

ESPN denied Steele was suspended, and there’s no indication she lost any compensation over what she told Cutler. That would make a jury’s job difficult to determine monetary damages if Steele prevails in a trial scheduled for March 2024. 

But a firing would certainly up her employer’s potential liability. 

“She could make an argument of lost wages and a loss of earning capacity and earning potential,” said Lynch, senior counsel at the Dallas-based firm Platt Cheema Richmond. 

ESPN denied Steele was suspended, and there are no indications that she lost any salary. Steele makes $3 million per year under her current contract that runs for about another year, sources told FOS. 

ESPN offered Steele $501,000 to cover “reasonable” attorney fees to settle the case last week. Her attorney, Bryan Freedman, rejected that offer on Steele’s behalf. 

“Disney cannot purchase their employee’s constitutional rights no matter how powerful they think they are,” Freedman said. 

As an employee of a non-government organization, Steele has no standing to prevail purely on First Amendment grounds. But a Connecticut statute protects all employees from being disciplined for “rights guaranteed by the First Amendment” as long as “such activity does not substantially” impact an employee’s job performance. 

And if Steele is fired after the lawsuit is disposed of, her attorney promised a new lawsuit for retaliation if Steele was forced out of The Worldwide Leader. 

“We’d sue,” Freedman told FOS. “You can’t fire somebody [for filing a lawsuit]. Nobody would. Why wouldn’t they lay her off already?”

Freedman said all Steele was looking for when she filed the lawsuit was a public apology from ESPN, but — with the case now 14 months old — that aim may have changed as her legal expenses have mounted.

Senior reporter Michael McCarthy contributed to this report. 

Linkedin
Copy Link
Link Copied
Link Copied

What to Read

ESPN's Reported Studio Closures Could Mean More Layoffs

ESPN's Seaport studio will reportedly close by 2025.
Deion Sanders and The Rock

Deion Sanders Reshaping College Football Fanbase With Buffaloes Surge

Deion Sanders has made Colorado "Black America's Team."
Dallas Cowboys quarterback Dak Prescott is tripped up by New York Jets defensive end Solomon Thomas in the second quarter at AT&T Stadium.

NFL Viewership Sees 2% Increase in First Two Weeks of 2023 Season

The NFL is experiencing its highest viewership since 2018.

Colorado's Epic Victory Sets New ESPN Prime Time Viewership Record

Coach Prime Deion Sanders delivered in prime time on ESPN.
podcast thumbnail mobile
Front Office Sports Today

How Jamie Erdahl Made Good Morning Football Her Own

0:00
0:00

Featured Today

Rob-Manfred-MLB

Oakland-MLB Relationship Devolves Into Next-Level Toxicity

Commissioner, mayor have very different accounts of July meeting
Jacksonville Jaguars Team President Mark Lamping addressed community members at Strings Sports Brewery on Main Street for the first of 14 planned town hall sessions to present the team's plans for the new "stadium of the future" complex and address the public concerns.
September 25, 2023

Jacksonville Jaguars President Walks Back Stadium ‘Threat’

"Viewing those comments as a threat to leave Jacksonville isn't correct."
Chatri Sityodtong
September 25, 2023

ONE Championship's Quest To Challenge Rival UFC Through U.S. Expansion

Leveraging its Amazon deal, ONE Championship seeks to expand in U.S.
Savannah-Bananas
September 24, 2023

Savannah Bananas Break All The Rules To Hit The Mainstream

Team concludes 2023 tour with even-bigger plans for next year

Careers

Powered By

Careers in Sports

Looking for a new job? Check out these featured listings and search for openings all over the world.
Chicago Cubs
Chicago
Fanatics
New York
Tri Star Sports and Entertainment Group, Inc.
USA - Multiple Locations
Jacksonville Jaguars quarterback Trevor Lawrence is among the FTX endorsers who have reached a settlement for their roles in promoting the crypto exchange.
September 18, 2023

Trevor Lawrence Settles Lawsuit Over FTX Crypto Endorsement

Lawrence has settled while other FTX athlete endorsers still face lawsuits.
Lane Kiffin
September 15, 2023

Ole Miss Football Player Files $40M Lawsuit Against Lane Kiffin, School

Ole Miss coach Lane Kiffin is being sued by one of his players.
Senate Hearings
September 13, 2023

Senate Subpoenas Saudi Investment Fund Records in PGA Tour Inquiry

Senate hearing reveals deep concerns about the potential PGA Tour-LIV deal.
Jim Trotter
September 12, 2023

Reporter Jim Trotter Sues NFL, Alleges NFL Owner Made Racist Remark

Trotter alleged Terry Pegula made a "highly offensive and racist" remark.
Michael Irvin
August 31, 2023

Potential Trial in Michael Irvin’s Lawsuit Against Marriott Many Months Off

Irvin returned to the air this week as a contributor on FS1’s “Undisputed”.
Brett Favre sues Shannon Sharpe, Pat McAfee, and Mississippi State Auditor Shad White .
August 29, 2023

Brett Favre’s Attorneys Mount Challenge Over Text Messages in Welfare Funds Lawsuit

Favre is among more than 40 defendants in the civil case.
exclusive
August 28, 2023

Nearly 30 New Subpoenas Seek Communications With Brett Favre

Former NFL player Adalius Thomas among those subpoenaed.