Hollywood’s New Battleground: On-Set Conduct and the Evolving Definition of Harassment
The legal clash between Blake Lively and Justin Baldoni over the film “It Ends With Us” isn’t just a celebrity feud; it’s a bellwether for how Hollywood is navigating the complex terrain of on-set conduct in the wake of #MeToo. The case, currently before a federal judge, echoes a 2006 ruling involving the show “Friends,” but the cultural landscape has dramatically shifted.
From Writers’ Rooms to Film Sets: A Shifting Standard
In 2006, the California Supreme Court sided with the writers of “Friends” in a case involving sexually explicit talk, arguing it was integral to the creative process. The court determined the conduct didn’t create a “severe or pervasive” hostile work environment. However, the current case highlights a growing expectation for stricter boundaries and a more sensitive approach to workplace interactions.
The “Friends” Precedent and the #MeToo Era
Baldoni’s legal team invoked the “Friends” precedent, suggesting some level of sexual commentary is inherent in creating a sexually charged film. However, Amaani Lyle, the plaintiff in the “Friends” case, believes the outcome would be different today. “I reckon if my case had arisen after the #MeToo movement, there might have been a different outcome,” she stated. The case was, in her view, “ahead of its time.”
The “Friends” writers’ room, as described in court documents, included discussions of sexual fantasies about cast members, graphic descriptions, and racially insensitive language. Warner Bros. At the time had a policy against harassment, but an HR manager testified that its interpretation was “flexible.”
Policy vs. Practice: The Wayfarer Studios Case
Wayfarer Studios, the production company behind “It Ends With Us,” has a stricter policy explicitly forbidding sexual “comments, stories, or innuendos,” as well as remarks about appearance. Lively’s attorneys argue Baldoni violated this policy through oversharing about his personal life and pushing for uncomfortable intimate scenes. Her breaking point reportedly came when a CEO showed her a video of his wife giving birth.
Lively testified that she believes the actions described constitute sexual harassment. However, the legal standard requires proving the conduct altered the conditions of her employment – a high bar to clear.
The Cost of Vindication and the Rise of Settlement
Both Lively and Baldoni are pursuing full vindication in court, a relatively rare approach. Jared Slater, a partner at Ervin Cohen & Jessup, notes that employers often settle cases, even those that don’t meet the “severe or pervasive” standard, to avoid the expense and risk of a trial. “That is the culture that employers face now,” he said.
In private messages revealed in court filings, Baldoni expressed distress and attributed some of his behavior to “social awkwardness and impulsive speech,” and suggested his neurodivergence may have played a role.
Looking Ahead: Potential Trends in On-Set Conduct
Increased Emphasis on Training and Accountability
The “It Ends With Us” case underscores the necessitate for robust and consistently enforced HR policies. Expect to see increased investment in comprehensive training programs that go beyond simply ticking boxes. These programs will need to address nuanced issues like power dynamics, unconscious bias, and the impact of seemingly harmless comments.
The Role of Independent Monitors
Some productions are already employing independent monitors on set to observe interactions and provide a neutral point of contact for reporting concerns. This trend is likely to expand, offering an additional layer of accountability and protection for cast and crew.
Shifting Power Dynamics and the Rise of Advocacy
The #MeToo movement empowered individuals to speak out against misconduct. This has led to a shift in power dynamics on set, with actors and crew members feeling more comfortable asserting their boundaries. Expect to see continued advocacy for safer and more respectful work environments.
The Impact of Social Media and Public Scrutiny
Social media has amplified the voices of those who have experienced harassment and misconduct. Public scrutiny can put pressure on studios and production companies to take swift and decisive action. This increased transparency can serve as a deterrent to inappropriate behavior.
FAQ
Q: What is the “severe or pervasive” standard for harassment?
A: This legal standard requires that the harassment be so severe or widespread that it alters the conditions of employment for the victim.
Q: Does having a strong HR policy protect a company from lawsuits?
A: Not necessarily. While a strong policy is vital, companies can still be held liable if the policy isn’t consistently enforced or if the conduct is egregious enough.
Q: What role does creative freedom play in these cases?
A: The courts have historically recognized the importance of creative freedom, but this is being increasingly balanced against the need to protect employees from harassment and discrimination.
Q: What was the outcome of the “Friends” case?
A: The California Supreme Court ruled in favor of the “Friends” writers, finding that the conduct did not meet the “severe or pervasive” standard for harassment.
Did you know? The legal definition of harassment continues to evolve, influenced by societal norms and cultural shifts.
Explore more: Read our article on workplace diversity and inclusion
What are your thoughts on the evolving standards of on-set conduct? Share your perspective in the comments below!
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