Five former San Diego Wave FC employees have filed a lawsuit in San Diego Superior Court against the club and the National Women's Soccer League alleging multiple forms of discrimination, sexual harassment, retaliation and wrongful termination.
The plaintiffs are seeking compensatory damages for lost wages and benefits and for emotional distress, as well as punitive damages.
The lawsuit adds additional allegations to those made over the summer by former Wave employee Brittany Alvarado that the club, led by team president Jill Ellis, created a toxic work environment.
The Wave quickly refuted those July allegations, and a few weeks later, Ellis filed a defamation lawsuit alleging that Alvarado “made false and defamatory statements about Ellis…supported by a false email.”
Ellis is not named as a defendant in the new lawsuit, although she is mentioned throughout it. The lawsuit alleges that Wave leadership fostered an “abusive and hostile work environment” and that several employees “asked the NWSL for help.”
A San Diego Wave spokesperson provided the following statement to ESPN on Thursday: “This lawsuit concerns allegations initially raised on July 3, 2024. As this matter is an ongoing legal proceeding, we are unable to comment further at this time.” .
The lawsuit also points to what it claims is the league's failure to document complaints and conduct independent investigations. Among the new accusations is that Jane Doe, hired by the club in the first season, was sexually assaulted by a co-worker on multiple occasions, including upon her arrival at the club in July 2022.
Jane Doe, according to the lawsuit, did not report her alleged incidents to her employer or the police at the time for fear of retaliation and possible loss of her job. The lawsuit says Jane Doe disclosed to her manager that another employee was traumatizing her and expressed concern about the work environment at the club, as well as knowledge of an investigation.
Jane Doe was placed on leave the next day, according to the lawsuit, before being fired three days later. After that, he sought advice on how to report an assault by an employee during his tenure, and Wave sent him a link to a workers' compensation injury form.
The lawsuit alleges that the NWSL's investigation into the Wave only sought to determine whether the Wave had any knowledge of the assault, not whether the club took any action based on the complaints. It reads: “Horrifyingly, Defendant NWSL told Plaintiff Doe during the investigation reading that Defendant Wave had not been notified of his sexual assault because he used the word 'assault' instead of the phrase 'sexual assault' when reporting the incidents.” incidents. The accused NWSL's own policy does not use the term “assault.” Rather, it uses the vague term “misconduct.” .
The new lawsuit states that there were two league investigations into the Ola: one from February 2023 to September 2023, and another from February 2024 to May 2024. The NWSL previously acknowledged this latter investigation in response to Alvarado's posts on social media in July.
When contacted by ESPN on Thursday about the latest lawsuit, an NWSL spokesperson provided the following statement: “The safety, health and well-being of everyone associated with our league is our top priority. We take each and every of reports of possible misconduct. hire qualified independent investigators to review those allegations thoroughly and act when the allegations are supported by the facts discovered. “We will not comment specifically on an active legal matter.”
The NWSL has implemented widespread reforms in the past two years, following two year-long investigations, one by former U.S. Attorney General Sally Yates, which uncovered “systemic” abuses in the league. The reports led to permanent league bans for four former coaches and the forced sale of two franchises due to their previous owners allowing abusive behavior.
An anti-harassment policy was also established in conjunction with the NWSL Players Association, and the league created a league-wide anonymous hotline for players to report misconduct.
The new lawsuit against Wave and the league alleges that the NWSL has failed to protect staff and players, and that the allegations made by the plaintiffs “demonstrate the NWSL's inability to competently conduct 'independent' investigations or accurately document complaints”.
