Why Isn’t Anyone Suing David Letterman?

Wed, 21 July, 2010

There is a reason that every workplace in America conducts sexual harassment training and seminars regularly. There is a reason why many companies prohibit romantic liaisons of any type between employees. There is a reason why any attorney will tell you that you should not date people at work if you value your job. The reason? Lawyers, of course.

Companies incur huge liability stemming from the sexual activities of their employees if that activity can be tied to the workplace in any way. More details are emerging about the pervasiveness of David Letterman’’s affairs, e.g., the special bedroom above his studio in which he conducted his affairs and the fact that there were several different women.

This has legal observers wondering when the lawsuits are coming. One question is whether any of the specific women involved felt pressure to engage in sex with Letterman in order to keep or advance a career. This would mean that the sexual activity was not entirely voluntary and would constitute sexual harassment.

The other question is whether Letterman’’s activities with these women created a hostile workplace in general. That would be the case if Letterman was making unwanted advances or if there was favoritism toward the women willing to have affairs with Letterman.

Then the ultimate question becomes whether Letterman makes more money for the network than he loses for them in settlements.