Investigation into Ernst Tanner's Conduct and Its Implications for Philadelphia Union

Ernst Tanner, the sporting director of Philadelphia Union, is currently under investigation by Major League Soccer (MLS) following allegations of misconduct, including claims of racist, sexist, and homophobic behavior. This investigation was prompted by a complaint from the MLS Players Association and has led to Tanner being placed on administrative leave since November 19, 2025. The investigation, initially closed due to a lack of corroboration, was reopened after a Guardian report detailed the allegations against him.

The Guardian

Since joining MLS in 2018, Tanner has been recognized as one of the league's most effective sporting directors, transforming Philadelphia Union into a competitive team on a limited budget. Under his leadership, the Union qualified for the playoffs in all but one season and reached the 2022 MLS Cup final, earning Tanner the league's executive of the year award. His management has also significantly contributed to the club's financial success, with approximately $43 million generated from player sales.

The Guardian

The ongoing investigation into Tanner's conduct has been complicated by the presence of non-disclosure agreements (NDAs) signed by former employees of the Union. These NDAs have hindered potential witnesses from participating fully in the investigation due to concerns about legal repercussions. MLS has engaged Littler Mendelson, a labor law firm, to conduct the investigation, which has yet to reach a conclusion after three months. The firm has stated that they are working to facilitate the participation of individuals bound by NDAs.

The Guardian

A spokesperson for the Philadelphia Union asserted that any individual under an NDA would be granted a release to participate in the investigation. Littler Mendelson's Kris Derewicz emphasized their commitment to engaging with individuals subject to NDAs, stating, “We have engaged – and continue to engage – with individuals subject to nondisclosure agreements, and are taking appropriate steps to facilitate their participation in this investigative process.”

The Guardian

Critics have raised concerns about the use of NDAs in the investigation, arguing that they may prevent crucial testimonies from coming forward. Sources familiar with the investigation have indicated that some potential interviewees feel inadequately assured against legal action, which could impede the investigation's progress.

The Guardian

As the investigation continues, Tanner remains on leave, with the Union's front office actively managing player transfers without his involvement. The outcome of this investigation could have significant implications for Tanner's career and the future of Philadelphia Union, particularly given his pivotal role in the club's recent successes.

The Guardian

• “Any individual under an NDA with the Philadelphia Union has been granted, or would be granted upon request, a release to fully participate in the investigation,” — Philadelphia Union Spokesperson

The Guardian

• “We have engaged – and continue to engage – with individuals subject to nondisclosure agreements, and are taking appropriate steps to facilitate their participation in this investigative process,” — Kris Derewicz, Littler Mendelson

The Guardian