OTLA Trial Lawyer Winter 2022

48 Trial Lawyer • Winter 2022 Workplace Sexual Harassment Continued from p 47 truly appreciate that his behavior is offensive or is bothering her. He may think since their interactions are fun for him, she is also enjoying his charming personality. Some men may also see it as a challenge when a woman they are interested in politely turns them down by giving excuses or just walking away giggling. Later, they are genuinely shocked when they learn their behavior at work was considered inappropriate or harassing. It is also very likely, given the physician’s status in our society, he has rarely been rebuffed or rejected by a woman, so he considers polite excuses just part of the filtration or courting process. (After all, the difference between God and a physician is that God does not think he is a physician.) What Dr. Man Child may need to hear, and your daughter should feel empowered to say to himwith a straight face is, “No, I am not interested in going out with you and please stop asking me out because it upsets me.” Or “I am not interested in a personal relationship with you and want to keep our relationship professional so if you feel that is going to be a problem for you, let me know and we can discuss parting ways.” The chances are he would straighten up and not want to part ways since what most men need to hear in order to back off is a polite, professional and unwavering verbal kick to the groin. However, if he wants to part ways, or continues his harassment or starts to retaliate against her, she should tender her resignation in writing explaining his behavior and his refusal to take her offer to act professional at work as the only reason for her resignation, nothing more needs to be listed. Her resignation under the law will be treated as constructive discharge/wrongful termination. She will then very likely get unemployment benefits. (She will also get his Mercedes and his vacation house, all without having to marry and divorce him.) Armed with that emailed resignation, any employment lawyer will take her case on contingency and teach the Dr. Man Child what his mamma didn’t, respect for women! File a claim She can choose to file a claimwith the Bureau of Labor & Industries Civil Rights Division (BOLI) with or without an attorney. She can do this while she is still employed or after she quits and/or is terminated. Of course, it is much better if she files while she is still employed because it will give her an additional statutory claim and protection against retaliation for filing an administrative claim. Once she contacts BOLI, she will be directed to an intake person (an online service since COVID), and a packet of information and forms will be mailed to her to fill out and return to BOLI. They will then prepare a complaint for her to review, correct and sign. It is important