Amaani Lyle, an African American woman, was hired by Warner Brothers Television

Question

Amaani Lyle, an African American woman, was hired by Warner Brothers Television Productions to be a scriptwriters’ assistant for the writers of Friends, a popular, adult-oriented television series. One of her essential job duties was to type detailed notes for the scriptwriters during brainstorming sessions in which they discussed jokes, dialogue, and story lines. The writers then combed through Lyle’s notes after the meetings for script material. During these meetings, the three male scriptwriters told lewd and vulgar jokes and made sexually explicit comments and gestures. They often talked about their personal sexual experiences and fantasies, and some of these conversations were then used in episodes of Friends. During the meetings, Lyle never complained that she found the writers’ conduct offensive. After four months, Lyle was fired because she could not type fast enough to keep up with the writers’ conversations during the meetings. She filed a suit against Warner Brothers, alleging sexual harassment and claiming that her termination was based on racial discrimination. Using the information presented in the chapter, answer the following questions. 1. Would Lyle’s claim of racial discrimination be for intentional (disparate-treatment) or unintentional (disparate-impact) discrimination? Explain. 2. Can Lyle establish a prima facie case of racial discrimination? Why or why not? 3. When Lyle was hired, she was told that typing speed was extremely important to the position. At the time, she maintained that she could type eighty words per minute, so she was not given a typing test. It later turned out that Lyle could type only fifty words per minute. What impact might typing speed have on Lyle’s lawsuit? 4. Lyle’s sexual-harassment claim is based on the hostile working environment created by the writers’ sexually offensive conduct at meetings that she was required to attend. The writers, however, argue that their behavior was essential to the “creative process” of writing for Friends, a show that routinely contained sexual innuendos and adult humor. Which defense discussed in the chapter might Warner Brothers assert using this argument?

Explanation / Answer

1. In the present situation, the scriptwriters' conversation included talks about personal sexual experiences and fantasies. The scriptwriters talks were a part of the creative process directed towards creating contents suitable for the television show. There's no evidence to support the argument that the talks were intentionally directed towards sexually harassing Lyle. Lyle presence in the conversation room was simply an occupational requirement. Also the fact that Lyle never found the writers' conduct offensive, is a testimony to this argument. So Lyle's claim would be of untentional discrimination.

2. Given the circumstances and the conditions of the employment, The conduct and conversation of writers was focused at generating content for the adult television show. Therefore conversation of wrtiers' had sexually explicit content. But there's no mention of any direct or implicit racial remarks or conduct made by the writers in general r particular against Lyle. Therefore, Lyle would not be able to establish a prima facie case of racial discrimination.

3. Typing speed was a necessary functional requirement of the job, which was clearly laid down in the job specification. And considering the criticality of this requirement on the output of her job, Lyle should have been given a typing test before hiring. However, the organisation hired her on good faith believing her claim that she could type at the required rate. It turned out to be a misrepresentation on her part in an attempt to get the job. So this argument goes against Lyle's claim. and a slow typing speed than required for the job, might weaken Lyle's lawsuit. However, US supreme court does not allow such an evidence to be used by the employer to shield themselves againse case of racial discrimination. .

4. Warner Brothers would be able to assert the bona fide occupational qualification defense, that Friends is an adult show, which is made for that kind of audience and is popular largely because of the sexually explicit jokes, contents and sexual innuendoes. So writers' conversation at the brainstorming sessions was a functional requirement, which was necessary to write the content suitable for the show.

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