Piffer Thread on Political Rantings and Ravings Message Board

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Politics : Piffer Thread on Political Rantings and Ravings

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To: Alan Smithee who wrote (14490)	7/23/2004 2:18:36 PM
From: mph	of 14610

story.news.yahoo.com I've been following this "Friends" suit with interest. The question is whether a claim of hostile work environment is actionable in the context of working with comedy writers who use sexual innuendo and references in the course of the business day, ostensibly in aid of developing the humor for a show with definite sexual content. It appears that the plaintiff is claiming much of the commentary was not really show-related. This case pits the creative process against the sexual harassment laws. There's a lot of interest generated from groups on both sides. The media and entertainment industry are particularly concerned. One of the points raised was that in news rooms real events of the day must be discussed even if the topics are distasteful. It is proving to be an interesting case. My own view is that it should ultimately be a jury question. Most sex harassment cases are quite fact specific. Context is important. Whether the behavior was truly unwelcome is also an issue. On the one hand, comedy writers would have to discuss sexual topics if they're writing for a show with that content. OTOH, gratuitous commentary or specific comments directed against a plaintiff or co-workers would not be germane to the writing. I don't think that a blanket rule recognizing a "creative license" defense is appropriate. IOW, I don't think a bright line rule can be fashioned. Those are my preliminary thoughts on the subject. It will be interesting to see how this plays out.

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