In a crowded bar, director Justin Baldoni complimented his co-star, Blake Lively, saying she looked “pretty hot,” a comment that she quickly clarified was not her intention. This light-hearted interaction, captured on video, has sparked significant discussions as part of Lively’s ongoing lawsuit against Baldoni and others involved in the film “It Ends With Us.” The case, now pending in federal court, dives deep into issues of discrimination versus creative expression on Hollywood sets and may reshape standards for conduct in the industry.
The lawsuit has drawn comparisons to a 2006 case concerning the writers’ room of “Friends,” where creative freedom was upheld by the California Supreme Court in light of graphic discussions that were deemed essential to artistic processes. However, reactions to Lively’s suit are mixed, revealing divided loyalties. Baldoni’s legal team references the “Friends” case in defense of their stance, arguing that sexual commentary is an inherent aspect of creating a sexually charged film.
Amaani Lyle, the former writers’ assistant behind the “Friends” lawsuit, reflects that in today’s climate, her case might have had a different outcome post-#MeToo. She recalls the inappropriate behavior she witnessed, which included graphic sexual talk and racial derogations, suggesting that such conduct would not be tolerated in the current cultural context. The “Friends” case is viewed as a win for creative expression, but Lyle emphasizes that much of the behavior did not pertain to work.
Warner Bros. maintained a zero tolerance policy towards harassment, yet interpretations of that policy were flexible in practice. Similarly, Wayfarer Studios, the company behind “It Ends With Us,” has a strict no-tolerance stance on sexual comments, further complicating Baldoni’s situation, especially as he is well aware of these policies. Lively claims that Baldoni violated these regulations by sharing personal stories about his sex life and pressuring her into uncomfortable scenes.
The legal framework surrounding harassment standards, established by the Supreme Court 40 years ago, requires that misconduct be “severe or pervasive” enough to fundamentally alter employment conditions—a threshold that the “Friends” writers’ conduct did not meet. As U.S. District Judge Lewis Liman weighs Lively’s claims, Baldoni has expressed confusion and distress over the allegations, attributing them to social awkwardness.
Despite their disputes, the willingness of Baldoni and Lively to pursue vindication is notable. They participated in a court-mandated mediation, although they did not reach an agreement. Lyle, who left the industry for a career in the U.S. Air Force, views both parties as having significant leverage compared to her own experience, leading her to believe that ultimately, they will both emerge unscathed.
The unfolding case highlights the ongoing evolution of workplace culture in Hollywood. With the potential to redefine boundaries between creative expression and acceptable behavior, it serves as a crucial lens into how such issues will be addressed in the future.