If by some chance you haven’t heard, Jenn Sterger, the woman who Brett Favre allegedly texted naked photos of himself, gained internet notoriety for being a buxom Florida State fan and then parlayed that popularity into a full-time career.  She posed for Maxim and Playboy, penned the “Confessions of a Cowgirl” column Sports Illustrated, and eventually became a sideline reporter for the New York Jets.

No judgment here, and I applaud an opportunist who knows that having a great body isn’t a crime. There’s no reason not to use all your assets for self-promotion. Afterall Sterger looks considerably better than John Madden in a midriff baring tank and skinny jeans, but she can still explain the difference between a nickel and a 3-4 “D” all the while flaunting her own “34 Ds”.

But what are the legal ramifications for Favre and the Jets if Jenn was an employee of the organization when the photos were sent? The odds of a civil lawsuit for sexual harassment are slim and none since the statute of limitations for a Title VII sexual harassment lawsuit has expired. I am certain a lawyer could create other causes of action but what no one seems to be talking about is that Jenn Sterger has no damages. If she had a cause of action with provable damages, rest assured, she would have pursued it in 2008 or even 2009-not now. 

The NFL investigation will be telling especially at a time when the NFL collective bargaining agreement is being negotiated. If the allegations prove true, then suspension will most likely be ordered and Favre will be known by all as what he is… the “little man” on the field.    

But, while the punitive action against Favre may come from the NFL, the court of public opinion, and worst of all his wife and family, his actions should serve as a warning. Even for a guy who has made a career out of eluding 250 pound linebackers, in the digital age, there are no take backs.

Think before you hit send, especially when your pants are around your ankles.



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