A political advocacy group founded by Bernie Sanders entered into a nondisclosure agreement with an African American political consultant that bars her from discussing a lawsuit alleging racial discrimination at the organization and the Vermont senator's 2016 presidential campaign.
The consultant, Tezlyn Figaro, confirmed the existence of the nondisclosure agreement to The Associated Press without providing additional details.
The deal is tied to a 2019 lawsuit in which Figaro said she was fired from the Sanders-created political group Our Revolution a year earlier due to her race and in "retaliation for complaining about the organization's treatment towards her and African-Americans." The lawsuit was settled out of court for an undisclosed amount of money. Though the lawsuit was aimed at Our Revolution, it included broad criticism of Sanders' campaign, arguing an all-white leadership staff "was accused of racism" by black staffers and failed to engage black voters.
Sanders has acknowledged the mistreatment of women and minorities who worked on his 2016 campaign, and his advisers say they've taken corrective measures for his second run. Now the front-runner for the 2020 Democratic presidential nomination, Sanders frequently says he is building a "multiracial, multi-generational movement" that will appeal to the broad coalition needed to win the primary and defeat President Donald Trump.
But legal experts say that argument could be undermined by a nondisclosure agreement that prevents a woman of color who has criticized Sanders' record on race from talking about her experience.
"Anyone running for the presidency should be accountable to the electorate, and we should have access to the full set of information," said Debra S. Katz, a prominent employment attorney in Washington who has donated to Elizabeth Warren's campaign. "If the allegations are about his campaign and running a racist operation, he should direct this organization to let her out of those non-disparagement obligations and talk about it."
Figaro confirmed the existence of the NDA but declined to comment further. Her attorney, Anthony J. Hall, said he could not comment on the terms of the settlement.
A spokesman for Our Revolution did not respond to multiple requests for comment. The Sanders campaign said it couldn't comment on the specifics of the case, arguing the campaign can't legally have insight into the activities of Our Revolution.
In a statement, Sanders campaign spokeswoman Sarah Ford said, "We oppose using NDAs to silence the victims of toxic workplace issues."
After his effort to win the 2016 Democratic nomination failed, Sanders founded Our Revolution to keep up the momentum from the campaign. The group has employed current and former Sanders presidential staffers but operates independently from his campaign, though it has raised millions of dollars to support his current bid.
She was brought on by former Our Revolution President Nina Turner, a top Sanders surrogate who is now national co-chair of his 2020 campaign. When Turner tried to make Figaro Our Revolution's chief of staff, board members objected.
Past comments Figaro made about immigration on Twitter and as a pundit on Fox News quickly surfaced and drew rebuke, with critics and some Our Revolution staffers saying that they were anti-immigrant.
"If AMERICAN black folks can go to jail when they break the law then certainly so can an illegal immigrant," she said in one tweet.
"U r being distracted abt ILLEGAL IMMIGRANTS meanwhile more blacks are under prison/parole control in in 2010 than were enslaved in 1850," she wrote in another.
Figaro, who had long worked as a consultant to Turner, publicly apologized but was fired. Our Revolution was aware of her past comments when she was hired, according to her lawsuit. Turner didn't respond to a request for comment.
Sanders-linked group entered into racial discrimination NDA
WASHINGTON (AP) — A political advocacy group founded by Bernie Sanders entered into a nondisclosure agreement with an African American political consultant that bars her from discussing a lawsuit alleging racial discrimination at the organization and the Vermont senator's 2016 presidential campaign.
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