A homosexual coworker is claiming he will file sexual harassment and assault charges against us. Any advice?

Potentially yes—there are circumstances under which sexual orientation harassment is a crime. There are two questions that need to be answered:

• First, what exactly is the law of your state? Criminal law is set by each state, and one state may criminalize behavior that another doesn’t, or at least make it easier to prove criminal behavior or impose harsher penalties.
• Second, was there any element of threatening to what you said? As a general rule, “name calling” is not criminal—but threatening a person is.

For example, in your state, Washington, there is a law which says that a person is guilty of “malicious harassment”—a criminal act—for “maliciously and intentionally” threatening a person because of that person’s sexual orientation or gender. The threat must be one that would put a reasonable person of that group—in other words, in this case, a reasonable gay man—in fear that he or his property will be harmed. Therefore, if in the context of the situation and your remarks, it would be reasonable or understandable for this man to feel threatened with bodily harm or that his property will be stolen or vandalized, you may in fact have committed a criminal act.

If someone is now threatening to complain to the police about it, you—either you individually, or you as a group—should consult with an attorney who can evaluate the specifics of your situation and let you know what your risk or exposure is. The attorney would also be ready to represent and defend you if worst comes to worst.