Brett Favre and Jenn Sterger: This May Require Unprecedented NFL Actions
Yesterday, Brett Favre’s (the quarterback of the Minnesota Vikings) role in a potential (and very serious) sexual harassment case blew up and went viral on the internet. On its website, Deadspin.com produced a series of alleged voicemails and graphic photos allegedly sent from Favre seeking to start an affair with Jenn Sterger. The web has now posted countless articles about Favre committing “sexual harassment” in the workplace. As you know, we (at Sportsinthecourtsblog) don’t mind getting a little technical from time to time.
So what really is sexual harassment in the workplace?
According to Federal Law and the EEOC, sexual harassment, in the workplace, occurs when “one employee makes, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, to another employee, against his or her wishes.” The key here is this offensive “conduct” must be “severe” or “pervasive.” Sexual harassment in the workplace does not include a single “normal” occurrence such as request for a date. Sexual harassment creates an acceptable “hostile workplace environment” where the victim may be retaliated against for not accepting an unwanted advance.
Why is this important?
At the time of the alleged sexual harassment, Brett Favre was an employee (yes, a professional athlete is actually an employee) of the New York Jets, and as such, subject to rules and regulations like the NFL’s policies and applicable laws against this type of behavior. In addition, it appears that Jenn Sterger was employed by the Jets as “game hostess” when the incidents occurred. Even more troubling is increasing allegations that other Jets employees may have know about Favre’s inappropriate conduct and tried to act as an intermediary for the star quarterback. Not to mention that Favre may also have harassed 2 other Jet’s massage therapists at the Jets’ training facility. In the “you can’t make it up” category, Favre’s Vikings are back in the meadowlands this Monday night to face the Jets.
Why is this huge a mess?
We are not going into the potential that Favre texted naked pictures to Sterger, that’s for other websites to deal with. But, if the allegations of Favre’s action are true, this must be handled with by the Jets and the NFL (since Favre is no longer a Jet) in a historically severe way. It is an understatement to say that Favre’s alleged conduct is unacceptable in the workplace (or anywhere for that matter). We have seen enough of cyber bullying in New Jersey and trouble in the workplace with the Jets (see Ines Sainz) to signal that harassment through the internet and texting has spun out of control.
The NFL employs former FBI agents in its famous NFL security force. On Friday, the news broke that the NFL was investigating the allegations against Favre. The league darn well better be. The NFL must use its impressive resources and financial power to get to the truth here. If the allegations prove correct, Favre’s penalty should make Ben Roethlisberger’s look like a slap on the wrist. The NFL owes its fans the truth no matter if the accused player has a ticket for Canton (or maybe not). The NFL spent last week marketing itself to women by wearing pink jerseys and raising awareness of breast cancer. (Not to mention Favre's wife wrote a book called "Don't Bet Against Me! Beating the Odds Against Breast Cancer and in Life.") Good luck with that ad campaign if the NFL sanctions or covers-up workplace sexual harassment.
One more thought of importance also requires a view on Sterger’s “post-incident” conduct. While she is denying giving any information to Deadspin or any other website, if it’s true, how did they get it? Sterger has an obligation to turn over all her evidence to the NFL and to fully cooperate with this investigation. She has a responsibility not to treat this incident as a story for the tabloids but (if true) a very serious and repugnant instance of sexual harassment that must be punished.
More to come …
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.