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?

Answer 1

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1.Would Lyle’s claim of racial discrimination be for intentional (disparate-treatment) or unintentional (disparate-impact) discrimination? Explain.

It would be for unintentional discrimination. As the brain storming sessions were aimed to include real life experiences and daily common things into the show. Lyle had the chance to complain to the HR while being an employee at Warner Brothers if that really bothered her, in which case it would be intentional discrimination.

2.Can Lyle establish a prima facie case of racial discrimination? Why or why not?

Prima facie means that there is enough evidence for the plaintiff to prove that their employer discriminated against them. I do not think that Lyle would have a solid case if she established a prima facie case of racial discrimination. She was hired not because of her race, color, or sex. But she was hired because she proved she was a good fit. She can try and sue the Warner Brothers Television Productions if they hired a man or a woman of a different race. She can accuse the company of discrimination based on race. There is not enough evidence to prove that she was fired based on the color of her skin.

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?

As mentioned in the question, the plaintiff (Lyle) did not prove that she had the required skill for the job. However as time came to pass she couldn't keep up with the workload and was subjected to rightful termination. Therefore, the lawsuit would hold less value because the motive of termination as proved was different than that mentioned in the 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?

The job description already did include the clause that her job would be to brainstorm along with other writers. The genre as a whole was specified already in her employment clause; therefore, rendering the claim was useless. Warner Brothers could use this as their defense.