Ammaani Lyle was fired because of problems with her typing and
transcription. But the former assistant to the hit show sued three
of the writers and others, claiming that their use of sexually
coarse and vulgar language and conduct, including the recounting of
their own sexual experiences, constituted sexual harassment.
However, the Justices concluded that most of the vulgarity did
not involve and was not aimed at Lyle or other women in the
workplace. And since the workplace "focused on generating scripts
for an adult-oriented comedy show featuring sexual themes," there
was no harassment of Lyle.
They noted that she had been forewarned that the show dealt with
sexual matters and that, as an assistant to the comedy writers, she
would be listening to their sexual jokes and discussions about
sex.
Justice Marvin Baxter wrote:
"In reaching this conclusion, we do not
suggest the use of sexually coarse and vulgar language in the
workplace can never constitute harassment because of sex; indeed,
language similar to that at issue here might well establish
actionable harassment depending on the circumstances. Nor do we
imply that employees generally should be free, without employer
restriction, to engage in sexually coarse and vulgar language or
conduct at the workplace."
The case was brought under the Fair Employment and Housing Act.
Justice Baxter observed that, while this law prohibits harassing
conduct that creates a work environment that is hostile or abusive
on the basis of sex, it does not outlaw sexually coarse and vulgar
language or conduct that merely offends."
The decision of the state's high court was upheld by 7-0.
