Sexual Harassment Allegations against Movie Director Dismissed, Other Charges Stand
In a recent surprising turn of events, sexual harassment allegations brought forward by a famous actress against a renowned movie director were dismissed by a federal judge. However, three other claims, including retaliation, were left standing, allowing the jury to hear these allegations.
The actress, both a star and producer of the film in question, initiated the lawsuit against her co-star and director. A trial has been scheduled for the matter. The director along with his production company had filed a counter lawsuit against the actress and her actor husband, accusing them of defamation and extortion. These claims by the director were dismissed by the judge earlier.
Judge's Observations and Rulings
In his judgement, the judge clarified that the actress was an independent contractor, not an employee. Therefore, she was not eligible to bring forth sexual harassment claims under the Civil Rights Act of 1964's Title VII, which forbids employment discrimination on grounds such as gender.
Regarding the retaliation claim, the judge suggested that there might be evidence hinting that the director's production company had an agenda to not only tarnish the actress's reputation but also to ruin her career out of fear that she might file a discrimination claim. The actress alleges that this smear campaign has been "devastating for her reputation and career."
Analyzing the sexual harassment claims, the judge emphasized that the allegations have to be understood in the context of the movie they were working on. During filming, the actress alleges that the director gestured as if he was going to kiss her, kissed her forehead, rubbed his face and mouth against her neck, touched her mouth and lower lip, complimented her, and leaned into her neck while complimenting her scent.
According to the judge, such conduct would suffice to support a hostile work environment claim if it happened in a factory or an executive suite.
Context is King
However, the judge pointed out that the director was "in character" and his actions were not far from what could be expected between two characters during a slow dancing scene. This, the judge believed, did not necessarily mean that the actress was subjected to hostile treatment because of her sex. He added that artists should have some room for creative experimentation within the confines of the script without fearing sexual harassment charges.
Despite these findings, the judge allowed some sexual harassment claims to be presented to the jury to support two surviving retaliation claims, including a third claim alleging a breach of contract.
The Controversy Continues
The judge noted that the director once made a comment deemed inappropriate after the actress removed her jacket, revealing a lace bra underneath. When warned against making such remarks, he reportedly dismissed it, sarcastically apologizing for missing the sexual harassment training.
Furthermore, the judge highlighted an instance where the director insisted that the actress perform a birth scene naked. The scene was filmed over several hours with nonessential personnel present on the set.
Looking forward to the trial, the actress's attorney stated that she is eager to testify and continue shedding light on this form of online retaliation. She stressed that the case remains primarily about the devastating retaliation and extreme measures taken to destroy the actress's reputation because she advocated for safety on the set.
This lawsuit has brought a cloud of speculation over the film, which was an adaptation of a best-selling 2016 novel. Despite the controversy, the film exceeded box office expectations with a $50 million debut. Both the actress and director have had successful careers in the industry before this incident, starring in popular movies and TV shows.