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Favre camp downplays lack of sexual harassment training program and policy

Brett Favre

When reports first emerged of allegedly inappropriate interactions between Vikings quarterback Brett Favre and former Jets in-house sideline reporter Jenn Sterger, we reported that neither the league nor the Jets provide regular training to players regarding the definition of sexual harassment and the actions that possibly will give rise to it.

On Thursday, Sterger’s manager, Phil Reese, told Dan Patrick that she’ll sue no one if the league suspends Favre, and if the league puts a “program” in place to prevent this from happening again, whatever “this” specifically is.  (Reese and lawyer Joseph Conway have since backed off from the “suspend Favre” ultimatum, explaining that any finding of fault on Favre’s part would be sufficient — and that a lawsuit is not inevitable if Favre isn’t found to have engaged in wrongdoing.)

If litigation arises, the fact that the league had no specific sexual harassment training program or policy could work against the Jets and/or the NFL.  The absence of a program or policy arguably demonstrates a lack of sensitivity to the problems that possibly can arise when male athletes interact with females they encounter in or through the workplace.

“The corporate world is 25 years ahead of sports,” former Texas athletic director Donna Lopiano recently told the New York Daily News.  “Sports organizations still tolerate major athletes acting like little boys.”

During our recent interview with employment lawyer Richard Gerakitis, who has been working with Favre’s agent, Bus Cook, since September on this matter, Gerakitis defended the absence of a policy.

“There’s no need for a policy,” Gerakitis said.  “They all know sexual harassment is wrong.  The program you can put in place is not going to ensure you’re not going to have violations of the law.   What it does is nothing more than say, ‘We’ve shown our commitment.'”

Gerakitis provided a persuasive example to prove his point:  “Do you have a policy against displaying the confederate flag?”

But while Gerakitis believes that the NFL employs good practices when it comes to preventing sexual harassment, we believe that the interests of the league and its teams would be best served by the presence of a sexual harassment training program and policy.  Most non-lawyers (along with most lawyers) don’t understand the meaning of the term sexual harassment, a general label that encompasses both “quid pro quo” harassment (e.g., a boss using his power over a subordinate to leverage a sexual relationship) and “hostile work environment” harassment, which happens when one worker subjects another worker to severe, pervasive, offensive, and unwelcome behavior or advances.

Though it’s unlikely that Favre will use the Costanza-style “was that wrong?” defense, the reality is that players need to realize the difference between females they encounter in the workplace and females they encounter elsewhere.  If someone they met through work is playing “hard to get,” there’s a point at which all efforts to pursue the person should end, or potential liability could arise.  A training program and a policy could sensitize players to the reality that there’s a line that they need to avoid crossing.

The significance of the issue to any eventual litigation filed by Sterger is presently unknown.  Favre’s camp surely will focus on whether any communications were severe, pervasive, offensive, and/or unwelcome.  The question of whether Favre received proper training on what not to do won’t matter absent evidence that sexual harassment occurred.

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12 Responses to “Favre camp downplays lack of sexual harassment training program and policy”
  1. krow101 says: Dec 12, 2010 10:28 AM

    “If they don’t want the attention… why do they read my text messages?”

  2. livenbreathefootball says: Dec 12, 2010 10:30 AM

    The League does have a policy against displaying the Confederdate flag. It’s the uniform policy.

    If the League can be so anal as to have a policy about the color of a player’s socks, they can have a policy against sexual harassment.

  3. FinFan68 says: Dec 12, 2010 10:38 AM

    Sexual harassment training is a waste of money. There is no training program that says that a player could get into legal trouble if they…commit murder, get into fights at strip clubs, etc. Training programs such as sexual harassment training or even equal opportunity training are designed for one thing only…legal CYA for the entity that mandates the training. If there had been a bonafide training program, I seriously doubt that it would have mentioned to not send “junk mail” pics to…yada yada yada.

  4. 4sacroc says: Dec 12, 2010 10:39 AM

    Did Favre give Sterger a cashmere sweater, too?

    That would be enough to convict him!

  5. thirdngoal says: Dec 12, 2010 10:39 AM

    I think we’ve beat this dead horse way too many time already…Now JUST GO AWAY and let the courts deal with it since that is where it will be.

  6. tommytd says: Dec 12, 2010 11:02 AM

    Now that the lawyers and the HR folks are involved, it will certainly remain unresolved until that idiot retires (again) at the end of the season. Also, I had no idea that texting pictures of your dick was WRONG, so we certainly need a policy and further sensitivity training on that! Gimme a break.

  7. commandercornpone says: Dec 12, 2010 11:09 AM

    cant say that, third…

    sterger’s case has evaporated. of course bert is a buffoon, but she didnt report him at the time.

    she became a prude later on.

    isnt there a statute of limitations on this stuff?

  8. freebird2011 says: Dec 12, 2010 11:50 AM

    The Sterger camp has to know:

    The statute of limitation on filing a claim with the EEOC has long since expired, so filing a federal claim under Title VII is out of the question.

    The statute of limitation in New Jersey for state law discrimination/harassment claims is two years. It seems that ship has come and sailed as well.

    Sterger waited so long to complain, one must wonder (1) how offensive Favre’s alleged advances were and (2) whether the alleged advances unreasonable interfered with her job performance.

    The answer to question no. 1 is apparently not much given the reluctance and/or delay in complaining.

    The answer to question no. 2 is negligible since Sterger left her position for a better job.

    To me, the whole litigation threat is nothing but puffing/posturing.

  9. tprt2 says: Dec 12, 2010 11:54 AM

    Y A W N …

  10. melikefootball says: Dec 12, 2010 12:35 PM

    YAWN, YAWN,YAWN!!!!!!!!

  11. supergoonone says: Dec 12, 2010 12:59 PM

    She responded to him and TO OTHER ATHLETES. Favre is a moron but that is not a crime in this country other wise the population of the United States would be 100. She saved the pics of other athletes and favre and did not complain. She has screw this up for women that have actually been harassed (like Ines Sainz, the same chick that she bashed in a radio interview and on TV) This is a joke. Favre will walk away with nothing and Sterger will be the next Kardashian jumping from bed to bed of black athletes one after the other.

  12. supergoonone says: Dec 12, 2010 1:04 PM

    Wheres RichM the hero at? Maybe he can respond to Free birds claim

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