The California Supreme Court
recently wrote the epilogue of the hit
“Friends” television series. Plaintiff
Amaani Lyle, hired as a writers’ assistant
on the show, alleged that the use of sexu-
al jokes, stories, comments and expres-
sive gestures by the show’s writers
constituted sexual harassment. In a
unanimous decision, the seven justice of
the Supreme Court rejected Lyle’s claim
against Warner
Bros.
Television
Production, and writers and producers
of “Friends,” ruling that because the
alleged conduct was not directed at or
about the plaintiff, the conduct did not
violate California law.1 It is not the use of
sexual speech that is prohibited by state
and federal employment laws, the Court
explained, but speech and conduct that
is directed at an employee or group of
employees because of their gender.2 With
its ruling, the Supreme Court brought
California law into line with decisions
interpreting Title VII of the Civil Rights
Act of 1964.3
Official Publication of the State Bar of California Labor and Employment Law Section
Volume 20
No. 4
August 2006
— Inside the Review —
1 MCLE Self-Study: “So This Guy Walks Into a Bar...” Dirty Jokes and Vulgar Language in the Workplace After the California
Supreme Court’s “Friends” Decision | 3 Organizing Silicon Valley’s High-Tech Workers | 5 The Adverse Impact of Work Visa
Programs on Older U.S. Engineers and Programmers | 7 The Economics of Outsourcing | 8 Book Review
9 Employment Law Notes | 11 NLRB Update | 13 Public Sector Case Notes | 14 U.S. Supreme Court Employment Decisions
15 Cases Pending before the California Supreme Court | 21 MCLE Self-Assessment Test | 35 Message from the Chair
continued on page 19
MCLE Self-Study
“So This Guy Walks Into a Bar . . . .”:
Dirty Jokes and Vulgar Language in the
Workplace After the California Supreme
Court’s “Friends” Decision
By Adam Levin and Taylor Ball
Adam Levin is a partner at Mitchell
Silberberg & Knupp LLP in Los Angeles,
and was lead counsel for Warner Bros.
Television Production and the named
writers and producers of