Proof of Sexual Harassment

Sexual Harassment Proof -- Four Basic Element s Must Be Satisfied

A Creative Defense to a Harassment Charge

An Inside Look at the "Writers' Room" for the Sitcom "Friends":

Amaani Lyle is a young woman who sued Warner Brothers and three of its comedy writers for sexual harassment based on a "hostile work environment". She worked as a writer's assistant for the popular television show "Friends". Her work required that she attend writers' conferences to take and transcribe notes of the jokes and situations the created during these sessions. She alleged that the writers frequently used sexually course and vulgar language, and talked of their own sexual experiences and fantasies.

There was no dispute that the writers frequently used course and vulgar language during their conferences. There also was no dispute that none of the language used was directed to her or about her specifically. The sexually explicit language occurred not only in the "writers' room", but also other parts of the office after the meetings. The writers testified that they used their personal sexual stories and fantasies to generate ideas for situations and scripts.

Just Give Me the Facts Ma'am.

Proof of a "hostile work environment" has 4 parts: 1) that the conduct or comments were unwelcome; 2) that the harassment were motivated by (caused by) the sex (or race, age, national origin, religion, age, disability etc) of the one harassed; and 3) that words and conduct were so severe or pervasive as to create an abusive work environment that altered the "conditions of the employment". Finally, 4) the complaining party must show that the employer knew or should have known of the harassment, and did not act adequately to stop it.

Amaani lost her case because she did not present evidence that the sexually course and vulgar language or conduct was directed at her or even at women generally in a manner that did not also expose men generally to the same vulgarity. She also did not present evidence that the writers' motive and purpose was to degrade or humiliate her, or to alter her working conditions. Rather, the motive was to generate T.V. script for a sexually charged situation comedy show. That is, she did not satisfy the second of the four elements of her burden of proof.

Conclusion.

Many environments are filled with "course and vulgar" language. I worked in the construction industry in my youth, and cursing was directed indiscriminately to all people in the work environment. No one was targeted for humiliation or abuse. The key is proof that the vulgarity and sexually charged language is hostile toward a person because of that person's gender. The alleged "perpetrator" must be shown to want to debase a person or group of persons because of that person's gender. The trial court and the California Supreme Court by unanimous opinion found no such motive in the case of Lyle v. Warner Brothers Television Productions 2006 DJDAR 4691 decided April 20, 2006.

POST SCRIPT:

The trial court found the allegations of harassment so lacking in merit that it awarded the defendants their costs and attorney's fees in the amount of $426,000.

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The Employment Law Office of Frank Pray handles cases related to most areas of employment law. My law firm is dedicated to helping employees dealing with issues of workplace discrimination (including gender discrimination, race discrimination, age discrimination and discrimination based on religion, national origin, sexual orientation, disability, pregnancy or illness); harassment due to hostile work environment (whether sexual, verbal, or other); contract disputes; wage and hour violations (such as overtime or break violations); whistleblower retaliation, qui tam and false claims act cases; and severance agreements and negotiations. My legal services and advice are available to any employee involved in illegal or wrongful termination, assault, battery, defamation, slander, or violation of privacy; or with job concerns regarding medical leave, Occupational Safety & Health Act (OSHA), affirmative action, gay & lesbian rights, Fair Employment and Housing Act (FEHA), labor code violations, Americans with Disabilities Act (ADA), California Family Rights Act, the federal Family Medical Leave Act, Employee Retirement Income Security Act (ERISA), Worker Adjustment and Retraining Notification (WARN) Act, or the Federal Employer's Liability Act. I can be contacted by anyone seeking an attorney for information about employee civil rights, or opportunities for monetary settlement, damages, or personal injury claims. "Employee Rights" is my exclusive focus, and has been for over 15 years.

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