ugust 16, 2004
Hostile Work Environment at Friends?
by David E. Bernstein
David E. Bernstein, professor at George Mason University School of Law, is the author of You Can't Say That! The Growing Threat to Civil Liberties from Antidiscrimination Laws (Cato Institute), to be released in a paperback in October 2004.
Just when you thought you'd finally heard the last of Ross and Rachel, Friends is in the news again. But this time it's not the actors who are stealing headlines. It's the scribes behind all those sarcastic Chandler jokes who are in the limelight for a change. And they are in trouble.
Former Friends writers' assistant Amaani Lyle has sued Warner Brothers and three Friends writers for sexual harassment. She claims that the writers created a "hostile work environment" by engaging in sex-related comments and bawdy jokes during writers' meetings. It may sound far-fetched--Lyle herself was never a target of any of the comments--but a California state appellate court has already allowed Lyle's claim to proceed.
Now it's up to the California Supreme Court to decide if the sex-related musings of a crew of kibbitzing sitcom writers are a form of constitutionally protected expression or punishable harassment. Both common sense and the First Amendment suggest the former approach.
http://www.cato.org/dailys/08-16-04.html