MAYBE IT’S TIME TO MOVE . . .
Every time I write a column on the perils of sex in the office and the potential of an expensive sexual
harassment verdict against you that is not covered by any of your insurance policies, I receive lots of
phone calls. No other subject seems to stir up such irritation and discontent in Society members.
Comments include: “Why, then, bother to own an office?”; “Are you happy now? I fired all the ones I’ve
***!”; “She’s the one who wanted it and I have to pay!” As your ever vigilant attorney, I have been
looking long and hard for a solution for you, and have finally found one that might even be palatable.
MOVE TO WISCONSIN!
Face it, there are many reasons to leave California. The enormous amount of liability we incur just
setting foot in our offices just does not exist in other states. There are laws that require employees to
be paid for every moment they breathe and now the State Board who is now telling us the exact
classes that must be taken to renew our licenses. And this is not even mentioning air pollution, gangs,
and crime that we suffer on a daily basis by living in California.
But the best and most convincing reason may be that in Wisconsin you can run your business the way
some of you think it ought to be run. And at least one employment law judge recognizes that right. In
Lauer v. Kentucky Fried Chicken, June Lauer tried to collect unemployment benefits after she quit her
job of 13 years working for the fast-food chicken chain. Although June’s claims were apparently easily
proved, it was to no avail and her claim for benefits was denied. June claimed that the managers were
requiring that she obtain a tattoo on her breast - a Colonel Sanders tattoo - to continue employment in
the restaurant. (The case doesn’t say where, how, or to whom she had to prove the existence of this
tattoo.) Further, June said that the managers referred daily to the women workers as “bitches”, made
frequent references to “oral sex and genitalia”, and asked workers whether they were “on the rag” when
anyone complained.
In a written opinion on the case, unemployment law judge Charles Schaefer wrote that the “use of
vulgar and obscene language and terms can serve to promote group solidarity. To the extent that it
was intended to promote this end, it would have been an effort to achieve a legitimate business goal.”
Even though the judge did concede that that language was not very professional, he wrote that it was
“essentially locker room talk” and thus was no big deal.
When asked in an interview about this written decision, Judge Schaefer staunchly defended his ruling.
The Judge said, “Isn’t that true? Haven’t you seen that kind of locker-room talk bolster morale? I have
seen that it has that effect or that it is intended to promote that effect.” The Judge also noted that June
did not deserve unemployment benefits because she quit without complaining to her managers. How
could the managers possibly know such talk offended her?
While I’m still pondering whether a mandatory tattoo constitutes quid pro quo sexual harassment,
maybe you should start packing. Or, better yet, send your contributions now to Tri-County to support the
‘Move to California Fund for Judge Schaefer!’ Actually, I think he has a few friends-in-kind in our local
judicial system, but those guys are just afraid to speak their mind...
© Bette Robin, DDS, JD 11/97
harassment verdict against you that is not covered by any of your insurance policies, I receive lots of
phone calls. No other subject seems to stir up such irritation and discontent in Society members.
Comments include: “Why, then, bother to own an office?”; “Are you happy now? I fired all the ones I’ve
***!”; “She’s the one who wanted it and I have to pay!” As your ever vigilant attorney, I have been
looking long and hard for a solution for you, and have finally found one that might even be palatable.
MOVE TO WISCONSIN!
Face it, there are many reasons to leave California. The enormous amount of liability we incur just
setting foot in our offices just does not exist in other states. There are laws that require employees to
be paid for every moment they breathe and now the State Board who is now telling us the exact
classes that must be taken to renew our licenses. And this is not even mentioning air pollution, gangs,
and crime that we suffer on a daily basis by living in California.
But the best and most convincing reason may be that in Wisconsin you can run your business the way
some of you think it ought to be run. And at least one employment law judge recognizes that right. In
Lauer v. Kentucky Fried Chicken, June Lauer tried to collect unemployment benefits after she quit her
job of 13 years working for the fast-food chicken chain. Although June’s claims were apparently easily
proved, it was to no avail and her claim for benefits was denied. June claimed that the managers were
requiring that she obtain a tattoo on her breast - a Colonel Sanders tattoo - to continue employment in
the restaurant. (The case doesn’t say where, how, or to whom she had to prove the existence of this
tattoo.) Further, June said that the managers referred daily to the women workers as “bitches”, made
frequent references to “oral sex and genitalia”, and asked workers whether they were “on the rag” when
anyone complained.
In a written opinion on the case, unemployment law judge Charles Schaefer wrote that the “use of
vulgar and obscene language and terms can serve to promote group solidarity. To the extent that it
was intended to promote this end, it would have been an effort to achieve a legitimate business goal.”
Even though the judge did concede that that language was not very professional, he wrote that it was
“essentially locker room talk” and thus was no big deal.
When asked in an interview about this written decision, Judge Schaefer staunchly defended his ruling.
The Judge said, “Isn’t that true? Haven’t you seen that kind of locker-room talk bolster morale? I have
seen that it has that effect or that it is intended to promote that effect.” The Judge also noted that June
did not deserve unemployment benefits because she quit without complaining to her managers. How
could the managers possibly know such talk offended her?
While I’m still pondering whether a mandatory tattoo constitutes quid pro quo sexual harassment,
maybe you should start packing. Or, better yet, send your contributions now to Tri-County to support the
‘Move to California Fund for Judge Schaefer!’ Actually, I think he has a few friends-in-kind in our local
judicial system, but those guys are just afraid to speak their mind...
© Bette Robin, DDS, JD 11/97
| Bette Robin 1-877-DrRobin Dentist, Attorney, Real Estate Broker 1-877-377-6246 |
 | |  | |  | |  | |  |
DrRobin@BetteRobin.com
17482 Irvine Blvd., Ste. E
Tustin, CA 92780
Tustin, CA 92780
Call:
Fax:
Fax:
877 DrRobin
714-421-4407
714-398-8808
714-421-4407
714-398-8808
Select Practice Services, Inc.