Lessons from Letterman
As practically everyone in the world now knows, last week talk show host David Letterman publicly admitted that he has had sex with “women who work for [him] on the show.”
Background
Click here to see Letterman’s on-air remarks, courtesy of CBS.
One comment Letterman made that has grabbed the attention of employment lawyers and HR gurus is that he hopes to “protect [his] job.” He has a right to be concerned.
Most companies have policies that restrict boss/subordinate relationships. According to sources, CBS — like many employers — has a policy requiring disclosure of such relationships in an effort to avoid conflicts of interest. It reportedly states:
If a consenting romantic or sexual relationship between a supervisor and a direct or indirect subordinate should develop, CBS requires the supervisor to disclose this information to his or her Company’s Human Resources Department to ensure that there are no issues of actual or apparent favoritism, conflict of interest, sexual harassment, or any other negative impact on others in the work environment.
It’s unknown whether Letterman disclosed the relationships to CBS’ HR Department. CBS issued a statement saying only that: Mr. Letterman addressed the issue during the show’s broadcast, and we believe his comments speak for themselves.”
The Bottom Line: Letterman could face potential disciplinary action from his employer if he failed to disclose the relationships. Letterman, CBS and/or Letterman’s rather ill-named production company Worldwide Pants could face several harassment claims with very limited defenses given Letterman’s position of authority. The company could also face discrimination/conflict-of-interest claims from employees who didn’t sleep with Letterman, alleging that they were treated less advantageously.
Letterman’s Not Alone
Several other high-profile personalities have faced big-$$$ lawsuits related to alleged workplace romances in recent years. Bob Barker of The Price is Right fame faced an $8 million sex harassment suit that was dropped after he admitted having a relationship with a female employee. Bill O’Reilly of Fox News settled a harassment suit brought by a female employee who claimed they had phone-sex conversations. Dov Charney, the high-flying CEO of American Apparel, has faced at least four sex harassment claims brought by female employees.
What Should Employers Do?
How can you avoid something similar happening to your company? Here are some simple tips:
- have a policy that (1) clearly prohibits all forms of unlawful harassment and (2) contains a clear mechanism for reporting potential violations, including alternate paths when the alleged harasser is the complaining party’s boss;
- fully investigate all complaints of harassment, even if (1) the alleged harasser asks you not to and (2) the allegations are against the head of the company or a “superstar”-type employee;
- if the investigation warrants disciplinary action, take it (even if it means firing the CEO or superstar); and
- carefully consider any and all communications related to the investigation, particularly if they concern a high-profile employee (and discuss them with experienced legal and PR counsel).
To help ensure that you cover all the investigation bases, click here for our handy Investigation Toolkit. Click here for our handy “cheat sheet” on harassment law.
What Should Employees Do?
Unless you want to end up facing a grand jury, avoid the extortion route. Instead, report the conduct promptly using the procedure outlined in your company’s anti-harassment policy. If your company has no such policy, go see your HR representative. Provide all the facts of which you are aware and cooperate fully with the investigation.
Click here for another employment lawyer’s take on this issue and here for a rather creative “top ten” approach one writer suggests for Mr. Letterman.
October 6th, 2009 at 11:22 am
Dave doesn’t work for CBS; he works for Worldwide Pants.
October 6th, 2009 at 12:01 pm
Hello, Grannybunny! That may be true, but (1) according to some reports some of the alleged victims were/are employees of CBS and (2) attorneys can be very creative in casting a wide net to ensnare as many potential corporate defendants as possible.