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.
