We pointed out last week that we think the NFL has decided to delay its decision regarding the Brett Favre-Jenn Sterger investigation until after December 28, because December 28 is the two-year anniversary of the last text message sent by Favre to Sterger while both were employed by the New York Jets.
On December 28, 2008, Favre played his last game for the Jets, a loss to the Dolphins that knocked New York to 9-7, a 1-4 slide after an 8-3 start. Earlier this month, lawyer Joseph Conway told PFT that the last communication from Favre to Sterger while both worked for the Jets came on the day of the last game of the 2008 season.
In New Jersey, as in most states, a two-year statute of limitations applies to workplace sexual harassment claims. Though Sterger could choose to pursue other theories that may have a later deadline, her strongest theory (assuming her allegations are true) is that she suffered sexual harassment from a coworker who subjected her to repeated, unwanted advances and propositions. Thus, if she’s going to file a potentially viable claim that focuses on her best claim, suit needs to be filed today if at all.
It remains to be seen whether a lawsuit is indeed filed today. But with the NFL committed to resolving its investigation before the end of the regular season and with the end of the regular season coming in only five days and New Year’s Eve coming in only three, it’s a safe bet that the NFL will wait to see if suit is filed today, and that the NFL then will render a decision at some point in the next two.