Sexual Harassment Claims Strike Hollywood Again: Key Takeaways for HR Professionals 

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The entertainment industry, often credited for sparking the cultural “#MeToo” movement, is yet again faced with allegations of sexual harassment, this time from “It Ends With Us” star Blake Lively. On December 31, 2024, Lively stunned Hollywood with her expansive 93-page lawsuit against Wayfarer Studios LLC and others, claiming she was subjected to a sex-based hostile work environment and retaliation allegedly perpetrated by co-star, Justin Baldoni, and producer, Jamey Heath.^[1]  The lawsuit serves as a timely reminder for employers across all industries of their obligations under federal employment laws, and the importance of cultivating a positive workplace culture free of harassment.

Complaint Allegations:

According to the lawsuit, which followed Lively’s complaint filed with the California Civil Rights Department on December 20, 2024, Baldoni and Heath engaged in sexually inappropriate conduct, including showing nude videos and images of women, discussing pornography, making sexual comments towards female cast members, and pressuring Lively to deviate from the film’s script by improvising intimate love scenes. Lively claims Baldoni and Heath invaded her privacy by entering her trailer without permission while she was undressed, including during times when she was breastfeeding her newborn baby. In a footnote in the complaint, Lively contends that Wayfarer failed to provide her with necessary lactation breaks, and that Wayfarer’s failure to accommodate caused her to develop painful mastitis.

The complaint further alleges that Lively and others lodged grievances to Wayfarer regarding Baldoni and Heath’s conduct, but that Wayfarer failed to investigate the reports or implement any protections for the female cast members. Lively also claims Wayfarer, Baldoni, and Heath engaged a public relations firm, The Agency Group PR LLC, to “launch a retaliation campaign” against her in an effort to damage her reputation and mitigate any negative press that would potentially arise from her HR complaints.

Key Takeaways for HR Professionals:

A. Legal Obligations Under Federal Employment Laws:

• Title VII of Civil Rights Act of 1964

It is critical for employers to take action once formally or informally notified of workplace behavior that may constitute harassment or give rise to a hostile work environment claim. Under Title VII, when a coworker is accused of engaging in harassing behavior, employers must take prompt remedial action once informed of the alleged misconduct. Employers must launch an immediate investigation into the claim(s) of harassment, including by interviewing the involved parties, as well as any witnesses. The employer is then required to take the appropriate recourse to prevent the harassment from continuing.  Employers who fail to take prompt remedial action after being placed on notice of harassment may incur liability.

• The PWFA and the PUMP Act

While Lively’s lawsuit does not assert claims under the Pregnant Workers’ Fairness Act (“PWFA”) or the Proving Urgent Maternal Protections for Nursing Mothers Act (“PUMP”), her allegations regarding her inability to take breaks to breastfeed implicates potential violations under both Acts. As we’ve previously discussed in detail here and here, the PWFA requires covered employers to provide reasonable accommodations to qualified employees for their known limitations related to, affected by, or arising out of pregnancy, childbirth, or other related medical conditions.^[2] The PUMP Act requires covered employers to provide reasonable break times for an employee to express breast milk in a private space, free from intrusion, that is not a bathroom.^[3]

B. Employer Practical Tips:

Employers can reduce their exposure to legal liability and develop a positive and productive working environment by taking the following proactive steps:

• Remain vigilant of workplace dynamics and promptly address all employee concerns;
• Implement complaint reporting mechanisms for employees to raise work-related issues;
• Review and update anti-harassment policies;
• Conduct anti-harassment training for all employees on a yearly basis; and
• Incorporate policies on the PWFA and PUMP Acts in employee handbooks.

The Maynard Nexsen Labor and Employment team stands ready to assist in the development or review of employment policies, including anti-harassment, PWFA, and PUMP Act policies, as well as providing guidance on other employment issues you may face.

_{[1] blake-lively-lawsuit-against-justin-baldoni.pdf}

_{[2] What You Should Know About the Pregnant Workers Fairness Act | U.S. Equal Employment Opportunity Commission}

_{[3] FLSA Protections to Pump at Work | U.S. Department of Labor}