What distinguishes Brett Favre's indiscretions from those of Tiger Woods? The Woods' women consented, and Woods and the women did not work for the same employer. That's why Jenn Sterger might have a claim against the New York Jets for sexual harassment. This post applies Oregon harassment law to the allegations against Brett Favre.
Allegedly, Brett Favre contacted the woman via my space first. Then Favre invited her to his hotel room via voice mail Apparently, she did not respond. In effect, she rejected him. But Favre did not quit. Someone, possibly another Jets employee tried to help Favre get what he wanted, and Ms. Sterger, again, turned him down. Yet, Favre persisted with his fantasy and sent penis photos, etc., allegedly. The NFL is investigating.
It will be interesting to learn if Sterger quit the Jets because of Favre, and she knew that the Jets would prefer to keep Favre over her, if forced to decide.
Oregon's law of sexual harassment is similar to the law of most jurisdictions. Generally, an employer is responsible if a supervisor is the perpetrator or if the employer knows about the unwanted conduct and fails to take immediate and appropriate action. Generally, a man or woman gets "one free ask," but "no" means "no."
From what we know about Favre / Sterger: The conduct was unwanted. She made her "no" clear, yet Favre persisted. Although Favre might not have been a direct supervisor, he was the most visible team leader and, apparently, someone else from the organization was trying to assist Favre get to Sterger. If the Jets were truly clueless about Favre's bad conduct toward women, then, perhaps, they could avoid liability. (Whether Sterger has a claim against Favre is a separate question.) On the other hand, if the investigation reveals that the Jets knew Favre was hitting on their employees - any of their employees -- and the Jets did not tell him to knock it off, then the Jets will be liable, especially if Sterger quit because of the alleged "stalking" by Favre.
Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
503-665-4234
The above is not legal advice. I cannot give you sound advice without knowing more information. It is intended to raise some issues for you to discuss with your own lawyer.
