Ask a lawyer, dealing with potential sexual harassment

Q: “Our young adult daughter is living with us, and is working at a medical clinic. One of the physicians she works with has asked her out on several dates (she has made up excuses and declined), continuously compliments her appearance within earshot of other staff, and has touched her back and shoulders unnecessarily. This is making her so uncomfortable that she wants to quit. She does not want to confront him. There is no HR person at the clinic and this physician is one of the owners. Would it make sense to get a lawyer involved?”

A: Your description carries many hallmarks of sexual harassment. Depending on the number of employees in the clinic, she may only have state and not federal remedies. However, she should be realistic that if she takes legal action against her employer, continuing employment may be impossible. If the employer fires her for starting legal action, that would be retaliation, which is also actionable, but she would still be out of a job. She should not quit before she finds a job because she may not qualify for unemployment benefits. This is a very complex issue, and she should consult an employment law attorney prior to making any decisions. She might want to start a job search at the same time that she consults with an attorney.

I received assistance from other attorneys for this answer and I have further reading/information for anyone that is interested, please visit: https://www.erisresolution.com/career-defense-101

Q: “I live next to a city park, which is quiet and seldom used. Now there is talk of putting a dog park or a playground there. I think it will lower my quality of life, as well as my property value. Is there anything I can do?”

A: Aside from hiring an attorney, there are two realistic paths, 1) lobby city council to prevent installation, or 2) move. An attorney can explain the other possible legal avenues you have available, such as nuisance. An actionable nuisance is an interference with an interest or right of one party, the plaintiff by action of another, the defendant, to which law attaches responsibility. To prove nuisance the plaintiff must prove the following elements, (1) Substantial interference; (2) Unreasonable interference; (3) Culpable conduct; and (4) Causation.

Aside from the statute, your legal remedies will largely be determined by local zoning/use laws and who is building the park, or in your case repurposing the park. There are also issues with dog parks regarding parking, clean up and maintenance, liability, dog fighting, and noise, all of which the local government will need to consider before building the park.

There are also statutorily defined nuisances, but those also carry defenses to nuisance claims, such as immunity, coming to the nuisance, exercise of a legal right, and comparative fault.

I know your question by nature is somewhat limited. Your remedy is going to be fact specific. I often encourage folks to become active participants in local government processes. That said, my best recommendation is to talk to an attorney about your particular situation to fully understand your legal rights.

Q: “How to find an affordable attorney?”

A: A simple enough question. Generally, it is easier for folks in more populated areas to find an affordable attorney than those in rural areas. The truth of the matter is that attorneys in Eastern Oregon are retiring faster than they can be replaced and legal resources will continue to grow more scarce over time. Finding local representation for your problem is always best because a local attorney knows the judge assigned to your case and how he or she is likely to rule based on your facts.

When a local attorney is not available, you may be forced to search elsewhere. The Oregon State Bar’s Lawyer Referral Service (“LRS”) has programs to assist the public in finding the right lawyer. You are entitled to an initial consultation of up to 30 minutes for a maximum fee of $35. Their number is: 503-684-3763.

Oregon lawyers created the Modest Means Program to help moderate-income Oregonians find affordable legal help. Eligibility for the program is based upon type of legal matter, applicant income and assets, and availability of participating lawyers. If you qualify for the program, the Modest Means lawyer will charge you a reduced rate for any additional legal work beyond the initial consultation.

The Modest Means Program is only available for family law, criminal defense, foreclosure, and landlord/tenant matters at the trial court level, 503-684-3763 is their number.

For additional answers to similar questions please visit the resources page of my website.

Blaine Clooten, Attorney at Law, serving Umatilla County with a focus on Family Law, Estate Planning and Personal Injury Cases. Questions answered do not create an attorney-client relationship.