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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.

Employee Rights Attorney Frank Pray

5160 Campus Drive

Newport Beach CA 92660

949.251.1006

877.job.atty


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