Recent Hollywood headlines highlight the need for entertainment and media industry employers to implement clear, consistent workplace policies for both performers and staff. In the high-profile litigation between Blake Lively and Justin Baldoni, a court recently dismissed the majority of Lively’s claims, including discrimination-based allegations. But her retaliation claim survived, reminding employers about the broader trend where the response to a complaint may create liability even when a court dismisses the underlying misconduct claims. Moreover, employers may face litigation costs, business disruption, and reputational risks whenever workplace misconduct or other toxic behaviors are alleged. Here are seven steps employers in the entertainment and media space should consider taking now to reduce risk and ensure compliance.
1. Understand the Workplace Protections that Apply
While high-profile disputes often focus on allegations between actors and production leadership, certain legal and operational risks may extend to everyone on set. You should be aware of the employment laws that apply to your production, including anti-discrimination provisions under Title VII of the Civil Rights Act and similar state laws. Coverage under specific employment laws will vary depending on employer size and location, so it’s a good idea to consult with counsel to ensure you have proper policies and training in place for the requirements that apply to your operations. Beyond legal obligations, creating a safe and healthy work environment can increase morale and improve working relationships.
2. Establish Clear Protocols for Sensitive Content
Productions involving intimate or otherwise sensitive scenes may present unique workplace challenges. While actors and principal talent are often subject to detailed agreements governing conduct, consent, and the nature of their performances, similar protections are not always extended to crew members, freelancers, or other on-set staff. This could create unnecessary risk since all individuals on set – regardless of their role – could be exposed to sensitive material, including simulated intimacy, nudity, or other adult-themed content.
Employers should implement written protocols that address how such content is planned, communicated, and executed. These protocols may include advance notice of the nature and scope of the material, documented consent processes, and defined roles for individuals (such as intimacy coordinators) responsible for overseeing compliance with established guidelines. Clear procedures not only support those directly involved in performing such scenes but also can provide structure for the broader production team, which ultimately reduces ambiguity and the potential for inappropriate conduct or misinterpretation.
3. Conduct Training Across All Levels of Production
Workplace training is another critical risk mitigation tool. Anti-harassment and professional conduct training should not be limited to just traditional employees or office-based personnel. Instead, you should consider adapting training to the production environment and extending it to cast, crew, and third-party contractors alike.
Training that is tailored to the realities of on-set dynamics – including fast-paced schedules, close working conditions, and hierarchical decision-making – can be particularly effective in reinforcing expectations and preparing individuals to recognize and address potential issues before they escalate.
4. Strengthen Complaint and Reporting Mechanisms
Effective reporting mechanisms are essential to identifying and addressing workplace concerns early. Employers should ensure all individuals on set know how to raise concerns and can access multiple reporting channels. Additionally, employers should evaluate whether their internal processes call for prompt, well-documented responses to complaints, as these records often become key in subsequent litigation.
5. Curb Retaliation Risk
In Lively v. Baldoni, the court allowed the retaliation claims to proceed, which highlights a critical point for employers: even when the underlying allegations are unsubstantiated, mishandling complaints can give rise to retaliation liability.
Supervisors should recognize that they cannot punish an employee for complaining about perceived workplace discrimination. Additionally, retaliatory conduct includes more than termination, such as lowered performance ratings, transfers to less prestigious positions, or reassignment to less desirable worksites. Therefore, supervisors should be trained on how to properly and proactively respond when employees raise concerns.
In order to reduce this risk, employers should ensure employment decisions involving individuals who have raised concerns are carefully documented and supported by legitimate, non-retaliatory business reasons.
6. Be Consistent
Productions can be particularly vulnerable to informal practices or exceptions made for high-profile individuals. However, inconsistent application of workplace standards can undermine otherwise strong policies and create additional exposure. Employers should prioritize uniform enforcement and ensure that all staff, regardless of status, are held to the same expectations.
7. Audit Your Practices
In light of these developments, employers in the entertainment and media space should consider taking the following five actions:
- Review and update agreements to ensure consistent application for all staff
- Evaluate whether existing policies adequately address exposure to sensitive or adult-themed content
- Confirm that training programs are tailored to your production environments and implemented effectively
- Create a formal complaint process with multiple reporting channels and ensure employees know how to use it
- Review policies and documentation practices related to employment and disciplinary decisions – and ensure they are compliant and consistently applied