According to law pundits, Miami Dolphins offensive lineman Jonathan Martin has few legal options that he can exercise in order to win his harassment case against his bullies if he wish to proceed. A report by The Associated Press published on ABC News said Martin could seek legal action under workplace discrimination and harassment laws as a probe determined that the National Football League player had not reported such incidents to either Miami Dolphins coach Joe Philbin nor top executives of his sports team. Martin surprised his teammates and the Dolphins management when he left abruptly in October last year due to the harrassment allegations.
An investigation about the alleged bullying in the NFL had been launched by the football league as AP said Martin had claimed abuse from fellow lineman Richie Incognito and two others and credited it as his reason for his abrupt departure. During the course of the investigation, Martin reportedly disclosed to NFL-appointed investigator Ted Wells that the player had not wanted to disobey an unwritten honor code among members of his sports team that would label him as a traitor if he did.
Miami labor attorney Michael Landen said due to the fact that Martin failed to inform his employers about the harassment, his actions indicated that the acts done to him were consensual in nature. Landen told AP on Wednesday, "He seemed to participate and he didn't report it to anyone at the Dolphins. When he did report it, the Dolphins took immediate action by suspending Incognito. They have some strength to their case because they did have procedures in place and upon reporting it they took immediate action."
An attorney for Incognito has dismissed claims that his client bullied Martin to toughen him up, and that Incognito did not threaten to rape Martin's sister. AP also said that should the Dolphins management decide to let go of Martin, they cannot do so unless they will be willing to face charges of employer retaliation for the termination of Martin's employment.
University of Miami law professor David Abraham said, "If the Dolphins cut Martin, they better be able to demonstrate it's because of inabilities on the field or their actions are really going to be under the microscope. That could expose them to some liability."
Martin, on the other hand, despite being able to keep his contract with the Dolphins after his abrupt departure, might have a slim chance of playing on the field again, the news wire said.
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