Case 2: Amaani Lyle and Warner Brothers Television Productions. Amaani Lyle, a C

Question

Case 2: Amaani Lyle and Warner Brothers Television Productions.

Amaani Lyle, a Caucasian woman, took a job as a scriptwriters’ assistant at Warner Brothers Television Productions working 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. Lyle was told when she was hired that typing speed was extremely important to her 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. After the brainstorming sessions were completed, scriptwriters combed through Lyle’s typed notes for script material. During the brainstorming sessions, 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. Lyle never complained that she found the writers’ conduct offensive. After four months, she 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 and discrimination.

TRUE OR FALSE WITH EXPLANATION

1. Amaani Lyle cannot proceed with her employment discrimination claim unless she first files it with the EEOC. She cannot recover for employment discrimination under Title VII, however, because she is not a member of a protected class.

2. Lyle’s claim of racial discrimination falls into the category of disparate treatment in the absence of evidence showing the typing speed requirement disproportionately affects those in a protected class using the EEOC’s “four-fifth” rule. Hence she must provide evidence of discriminatory intent on the part of Warner Brothers.

3. In order to establish a prima facie case of intentional racial discrimination, Lyle must provide evidence showing she is a member of a protected class, was qualified for her position, and was fired because of her race. This evidence will trigger the McDonnell-Douglas shifting burden of proof.

4. Warner Brothers can use evidence demonstrating Lyle’s misrepresentation of her typing speed to defeat Lyle’s claim of racial discrimination.

5. Lyle should be successful in her sexual discrimination claim based on hostile work environment, because of the writers’ sexually offensive conduct at meetings she was required to attend.

1. Amaani Lyle cannot proceed with her employment discrimination claim unless she first files it with the EEOC. She cannot recover for employment discrimination under Title VII, however, because she is not a member of a protected class.

2. Lyle’s claim of racial discrimination falls into the category of disparate treatment in the absence of evidence showing the typing speed requirement disproportionately affects those in a protected class using the EEOC’s “four-fifth” rule. Hence she must provide evidence of discriminatory intent on the part of Warner Brothers.

3. In order to establish a prima facie case of intentional racial discrimination, Lyle must provide evidence showing she is a member of a protected class, was qualified for her position, and was fired because of her race. This evidence will trigger the McDonnell-Douglas shifting burden of proof.

4. Warner Brothers can use evidence demonstrating Lyle’s misrepresentation of her typing speed to defeat Lyle’s claim of racial discrimination.

5. Lyle should be successful in her sexual discrimination claim based on hostile work environment, because of the writers’ sexually offensive conduct at meetings she was required to attend.

Explanation / Answer

1. True

Amaani Lyle needs to first register her complaint with EEOC and then proceed with the lawsuit. This is the system regulated by many of the states in USA.

2. False

The four-fifth rule applies to a protected class of people. While gender (female) is a protected class, the ground for dismissal was due to lack of skillset. However, if at all it does come under the purview of discrimination then it will not be under the category of disparate treatment but disparate impact.

3. True

In order to establish prima facie case she must prove the three points.

4. True

The legal strategy here is called “after-acquired evidence”. This is particularly true if an employee has misrepresented his/her skills during the interview to obtain a job. Later if the employee is dismissed, his/her lawsuits are often not admissible at the court.

5. False

Consider the misrepresentation of typing speed by Lyle, Warner Brothers will likely win this case and based on point number 4, Lyle will not be able to claim even if she was actually sexually harassed.

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