THE OKLAHOMA BAR JOURNAL 18 | AUGUST 2025 Oklahoma, it is important to remember the versatility of the “Burk” tort, a feature unique to Oklahoma’s jurisprudential landscape that allows for an employee who has faced termination against a clear articulation of public policy.37 Burk has been explicitly relied upon when an employee was constructively terminated after being subjected to quid pro quo sexual harassment.38 Of course, since Burk relies on the termination of the employment relationship, it would not be applicable to ongoing sexual coercion or to other kinds of adverse employment actions (demotions, reassignments, project exclusion) within an employment relationship defined by sexual harassment. For such cases, the TVPA offers a powerful civil remedy that should not be overlooked. By incorporating TVPA claims where appropriate, attorneys can hold wrongdoers directly accountable, secure fuller justice for clients and send a strong deterrent message. A savvy practitioner will carefully assess which cases merit this approach, ensuring the facts align with the statute and the client’s objectives support a potentially more aggressive litigation stance. When these elements converge, the TVPA can bridge the remedial gap left by Title VII, ensuring that no victim of workplace sexual exploitation is left without a viable path to justice. ABOUT THE AUTHORS Katherine Mazaheri is the founder and managing attorney of Mazaheri Law Firm, a team of trial attorneys who have gained a reputation for taking on cases that attack various social injustices and help families in crisis. She is the current OBA Labor and Employment Law Section chair, chair of the OCU School of Law Alumni Association and a member of the Oklahoma County Bar Association. She often mentors law students and new lawyers on employment litigation, sexual harassment and other Title VII best practices. Troy Norred is a new associate attorney practicing employment, family and civil defense law with Mazaheri Law Firm. He is a member of the OCU School of Law spring 2024 class and served as an assistant resource editor of the Oklahoma City University Law Review. His practice is built around a commitment to simplifying the complex for his clients, as well as the foundational principle that justice should always be accessible. ENDNOTES 1. “Sexual Harassment in the Workplace Initiative.” U.S. Department of Justice Civil Rights Division website. http://bit.ly/4lpT1gZ. Accessed April 7, 2025. 2. 42 U.S.C. §2000e-2(a). 3. Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57, 64-67 (1986). 4. Okla. Stat. tit. 25, §§1101-1706. 5. See 42 U.S.C. §2000e(b). 6. See Miller v. Maxwell’s Int’l Inc., 991 F.2d 583, 587-88 (9th Cir. 1993). 7. See 42 U.S.C. §1981a(b)(3). 8. See Restatement (Second) of Torts §46 cmt. d (Am. L. Inst. 1965). 9. See also Eddy v. Brown, 715 P.2d 74, 77 (Okla. 1986). 10. See Okla. Stat. tit. 85A, §5(A). 11. See 18 U.S.C. §§1589, 1591. 12. See 18 U.S.C. §1595(a). 13. See 18 U.S.C. §1595(c). 14. See 42 U.S.C. §2000e-5(e)(1). 15. See Grant v. World Wrestling Entertainment, Inc., No. 3.24-cv-00090 (D. Conn. filed Jan. 25, 2024). 16. Id. 17. See Joe Coscarelli, “Diddy Faces Federal Investigation in Multiple States,” The New York Times, March 26, 2024; See also “Sean Combs Accused of Rape and Human Trafficking in New Lawsuit,” AP News, Nov. 16, 2023. 18. See Complaint, Ventura v. Combs, No. 953543/2023 (N.Y. Sup. Ct. Nov. 16, 2023). 19. See Shawn Cohen and Emily Crane, “Homeland Security Raids Diddy’s Homes in Federal Sex Trafficking Probe,” “Page Six,” March 25, 2024. 20. See 18 U.S.C. §1591(a). 21. See Id. §1591(e)(3). 22. See Jack Queen, “Sean ‘Diddy’ Combs to Be Sentenced on October 3,” Reuters (July 8, 2025, 1:55 p.m. CDT), https://bit.ly/4eWXupq. Accessed July 9, 2025. 23. See Conor Murray, “Here’s How Sean ‘Diddy’ Combs’ Criminal Conviction Could Help Plaintiffs in His Dozens of Civil Lawsuits,” Forbes (July 3, 2025, 1:49 p.m. EDT), https://bit. ly/40MTGBp. Accessed July 8, 2025. 24. See 18 U.S.C. §1589(a). 25. See 18 U.S.C. §1591(a). 26. See 18 U.S.C. §1591(e)(3). 27. See United States v. Rivera, 799 F.3d 180, 185-86 (2d Cir. 2015). 28. See 18 U.S.C. §1595(b)(1). 29. See 18 U.S.C. §1595(a). 30. Oklahoma Senate Bill 1658 was signed into law in May 2024. This law eliminated the statute of limitations for rape in Oklahoma cases in which either 1) the assailant confesses to the crime or 2) identity is established using DNA evidence. Oklahoma Attorney General Gentner Drummond expressed his enthusiasm for this achievement, emphasizing that the passage of time “must not be an impediment to the prosecution of rapists when DNA evidence exists or a suspect confesses.” Neither should civil remedies for egregious sexual misconduct be forfeited based on the passage of time. See “Attorney General Drummond praises Gov. Stitt for signing SB 1658,” https://bit.ly/4m4l8m9. Accessed July 8, 2025. 31. See Doe v. Fitzgerald, 102 F.4th 1089, 1094 (9th Cir. 2024). 32. See 18 U.S.C. §1595. 33. Adia v. Grandeur Mgmt., Inc., 933 F.3d 89 (2d Cir. 2019). 34. Geiss v. Weinstein Co. Holdings LLC, 383 F. Supp. 3d 156 (S.D.N.Y. 2019). 35. Doe v. Fitzgerald, No. CV2010713MWFRAOX, 2022 WL 2784805 (C.D. Cal. May 13, 2022). 36. See Julie Dahlstrom, “Trafficking to the Rescue?” 54 U.C. Davis L. Rev. 1 (2020). 37. See Burk v. K Mart Corp., 956 F.2d 213 (10th Cir. 1991); Prince v. City of Oklahoma City, 2009 WL 2929341 (W.D. Okla. Sept. 9, 2009). 38. See Collier v. Insignia Fin. Grp., 1999 OK 49, 981 P.2d 321. Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.
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