NOLA Radio: Dunlap Attorney Plans Legal Action Against Entercom

Entercom's WWL Radio on Wednesday broke a two-week silence about the homophobic slur someone using its Twitter account addressed to talk show host Seth Dunlap earlier this month, saying it had investigated the matter and — without revealing any findings — referred the case to New Orleans police.

According to nola.com, the station's announcement came after Dunlap took a polygraph test Wednesday that, according to his attorney Megan Kiefer, demonstrated he neither sent the tweet nor arranged for someone else to do it.

Seth Dunlap

Kiefer on Wednesday also announced plans to pursue a discrimination lawsuit against WWL Radio and its corporate parent, Pennsylvania-based Entercom Communications, saying Entercom had created a hostile work environment for Dunlap.

WWL’s statement did not accuse Dunlap, who is openly gay, of being responsible for the tweet. Nonetheless, an amicable resolution between the two sides seemed as far away as ever.

The saga dates back to Sept. 10. The sports show host had shared a link on Twitter to his analysis of recent National Football League action, and someone using WWL Radio’s account then retweeted Dunlap’s link while referring to him as “a fag.”

The tweet was deleted from the station’s account within minutes. But people already had screen-captured it and it received nationwide attention, especially in sports circles, where a number of journalists condemned WWL Radio while expressing support for Dunlap.

That night, WWL Radio said the tweet was “offensive” and promised to ferret out who sent it. But it wasn’t until Wednesday afternoon, more than two weeks later, that the station again publicly commented on the probe, saying it involved “a digital forensic firm and outside counsel” and had cost “considerable resources.”

Att. Megan Kiefer

The station said it had forwarded the investigation’s findings to law enforcement and could not comment further.

In theory, the police can obtain warrants allowing it to seize evidence, such as by searching electronics, something WWL couldn’t.

Dunlap hasn’t been on the air since the night the tweet, which came from an iPhone, went out. He has been on voluntary paid leave for nearly two weeks.

Kiefer said she and Dunlap had repeatedly requested updates and documents from WWL pertaining to its investigation but had been unsuccessful. She said that up to 14 station employees had the password to WWL’s Twitter account and that Dunlap was not among them.

In any event, Kiefer said her client intends to pursue litigation against WWL. “Once all of the evidence comes to light, the inescapable conclusion is that Entercom has allowed an anti-gay, bigoted and hostile work environment to flourish” even after being warned of its existence, she said. She also said neither the station nor Entercom did anything to shield Dunlap or other LGBTQ employees from “homophobia and discrimination.”