The producers of “Real Time With Bill Maher” won a round in court Friday when a judge ruled that the age, sex and gender discrimination allegation that is part of a lawsuit brought by a former set photographer — who alleges she was subjected to repeated sexual harassment by male workers and fired in 2020 when she complained — needs shoring up.
Attorneys for HBO Home Entertainment Inc. and Maher Live Inc. argued in court papers filed with Los Angeles Superior Court Judge Holly J. Fujie that the allegation by plaintiff Janet Van Ham should be tossed because it is time-barred and vague. Fujie did not dismiss the allegation, but found that Van Ham’s court papers currently do not show an ongoing time flow in Van Ham’s allegations that would allow her to get around the statute of limitations.
“As alleged, the (lawsuit) does not clearly allege facts that show that the conduct that occurred in 2014 and the conduct that later occurred in 2019 constitute a continuing violation,” the judge wrote.
Fujie gave Van Ham 20 days to file an amended complaint and indicated she may dismiss the cause of action if it does not pass legal muster in the revised suit.
The continuing violations doctrine allows plaintiffs to file some suits beyond the time normally allowed. The defense motion did not address Van Ham’s other claims for whistleblower retaliation, wrongful termination, sexual harassment, a second retaliation claim and refusal to provide personnel records.
Van Ham worked as a set photographer on the television show after being hired in 2003 and alleges she experienced sexual harassment from 2013-2019. Her allegations include that crew member Alex Brooks was drunk at a November 2013 party and told the plaintiff that he was her “plus one” while also “hanging on her body.”
Maher’s stylist, Kelly Smith, told Van Ham, “It is so hard being a woman on this set. If you say something, you might get fired,” according to the suit filed July 31.
Maher’s assistant, Chelsea Braun, offered to share her desk in the production office so Van Ham would have a safe place to work, according to the suit, which further states that although the plaintiff accepted Braun’s offer, Maher told Van Ham’s supervisor, Dean Johnsen, to inform Van Ham that she needed to find another space to work.
Van Ham maintains she was wrongfully fired on July 15, 2020 after being told by show executives that they no longer needed a set photographer even though subsequent job postings sought photographers. Van Ham says she was replaced with a younger male worker who was made the acting set photographer.
The same lawyers also maintained that Van Ham’s allegations do not indicate any misconduct occurred because of her sex or that the actions were “severe and pervasive.”