Sexual Harassment—a Primetime TV Laughing Matter

Abstract

This article focuses on the treatment of sexual harassment by television networks in situation comedies. It contrasts the litigated cause of action under Title VII. with the comedic value of sexual harassment in television screenplays. While the former faces punishment in the form of termination and damages, the latter is rewarded with ratings and royalties. This article explores the Title VII restrictions placed on employers, and discusses the (im)plausibility of placing those same restrictions on television character employers. It finally examines why frce speech trumps Title VII in the television arena, but not in the American workplace. In recent ycars, the topic of sexual harassment has permeated our society through employment [ 11, journalism [2], politics [3]. and even the entertainment industry [4-121. Embedded in Title VII of the Civil Rights Act of 1964, sexual harassment is viewed as a form of discrimination [13]. The seriousness of this unlawful conduct is evidenced through a multitude of lawsuits, training sessions, and published guidelines for employers and employees alike [ 141. The Equal Employment Opportunity Commission (EEOC) has established criteria for employers to follow [15, 161, and the Supreme Court has narrowly defined what constitutes sexual harassment [ 171, how that leads to a hostile work environment [ 181, and who can be held liable for such conduct [ 19.201. The seriousness of sexual harassment dissipates in the transition to the bmadcast form. The responsibilities placed upon employers am absent when those employers arc characters on the small screen. As a favorite situation comedy topic, sexual harassment metamorphosizes from unlawful conduct punishable by termination and damages, to a humorous satire rewarded by high ratings and