The producers of "Real Time With Bill Maher" are seeking dismissal of 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.
Attorneys for HBO Home Entertainment Inc. and Maher Live Inc. filed court papers on Thursday with Los Angeles Superior Court Judge Holly J. Fujie asking that the allegation by plaintiff Janet Van Ham be tossed, arguing that it is time-barred and vague. The motion does not deal with 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 supervisor Dean Johnsen to inform Van Ham that she needed to find another place 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.
But in their court papers, the producers' attorneys argue that Van Ham's age, sex and gender discrimination violates the statute of limitations and is "not saved by the continuing violations doctrine" that allows plaintiffs to file some such suits beyond the time normally allowed. The same lawyers also maintain that Van Ham's allegations, including that a male worker stood next to her, do not indicate any misconduct occurred because of her sex or that the actions were "severe and pervasive."
A hearing on the producers' dismissal motion is scheduled Jan. 5.
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