Bernie Sanders-linked group entered into NDA
Consultant cannot discuss suit alleging racial discrimination
WASHINGTON — 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.
Nondisclosure agreements, or NDAs, have become common in presidential campaigns and political organizations in recent years as tools to guard against the release of private data, strategic conversations or other proprietary information.
But such deals have become increasingly controversial as people alleging that they’re victims of sexual harassment and misconduct or, in Figaro’s case, racial discrimination have said they’re prevented from publicly sharing their stories.
Billionaire Mike Bloomberg, one of Sanders’ Democratic presidential race rivals, has faced criticism for the use of nondisclosure agreements at his company in cases related to sexual harassment.
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. 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.
Figaro was the director of racial justice for Sanders’ 2016 campaign, then worked on black outreach issues for Our Revolution. According to federal court records, her case against Our Revolution was settled in July 2019 for an undisclosed amount.
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.
Figaro’s yearlong tenure at Our Revolution was tumultuous.
She was brought on by former Our Revolution President Nina Turner, a top Sanders surrogate who is now national co-chairwoman of his 2020 campaign.
When Turner tried to make Figaro chief of staff at Our Revolution, 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.
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.
In the past, Figaro defended herself by noting that her comments echoed what Sanders has previously said.
“If poverty is increasing and if wages are going down, I don’t know why we need millions of people to be coming into this country as guest workers who will work for lower wages than American workers and drive wages down even lower than they are now,” Sanders said in a 2007 television interview explaining why he opposed a bipartisan immigration bill.