USA Today reports that although Brett Favre is in trouble with the NFL for sending lewd photos to Jets employee, Jenn Sterger, he will not be taken to court for it because his behavior does not qualify as sexual harassment according to the legal criteria established for such matters. The generally accepted legal standards for sexual harassment includes unwelcome advances; pervasive behavior constituting a hostile work environment; and whether any complaint was made with the company. There are also no laws against texting or e-mailing sexually explicit photos of adults, which is protected under first amendment rights. However, if the NFL’s probe into the issue reveals that Favre violated the league’s personal-conduct policy, it can decide to fine or suspend Favre even in the absence of legal charges.

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