Blake Lively's Sexual Harassment Claims Against Justin Baldoni Dismissed While Key Allegations Survive
A federal judge has dismissed Blake Lively's sexual harassment claims against Justin Baldoni regarding the production of "It Ends With Us," while preserving three significant claims, including retaliation allegations that will allow many of the original accusations to be heard by a jury.
Judge Lewis J. Liman of Manhattan federal court issued the written ruling Thursday following Lively's December 2024 lawsuit against her co-star and director. The case is scheduled for trial on May 18.
Baldoni and his production company Wayfarer Studios had filed countersuit claims against Lively and her husband, actor Ryan Reynolds, alleging defamation and extortion. Judge Liman previously dismissed those claims in June.
Employment Classification Determines Harassment Claims
The judge's decision to dismiss the sexual harassment allegations centered on Lively's employment status. Judge Liman determined that Lively functioned as an independent contractor rather than an employee, making her ineligible to pursue sexual harassment claims under Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on gender and other protected characteristics.
Retaliation Allegations Proceed to Trial
The court found sufficient evidence to allow retaliation claims to proceed, noting that a jury could reasonably conclude that Baldoni's production company orchestrated efforts to damage Lively's reputation and potentially destroy her career in anticipation of discrimination complaints. According to the ruling, Lively alleges that a coordinated smear campaign has caused "devastating" harm to her professional standing and career prospects.
Context of On-Set Behavior Evaluated
In analyzing the sexual harassment claims, Judge Liman examined the alleged conduct within the context of film production. The court detailed Lively's allegations that Baldoni engaged in inappropriate physical contact during scenes, including leaning in as if to kiss her, kissing her forehead, rubbing his face against her neck, touching her mouth, and making personal comments about her scent.
While acknowledging that such behavior would constitute clear hostile work environment violations in traditional workplace settings, the judge noted that Baldoni was "acting in the scene" and that his conduct did not exceed what might reasonably occur between characters during intimate film sequences.
"Creative artists, no less than comedy room writers, must have some amount of space to experiment within the bounds of an agreed script without fear of being held liable for sexual harassment," Judge Liman wrote in his decision.
Additional Allegations Support Remaining Claims
Despite dismissing the primary harassment claims, the judge indicated that some sexual harassment allegations may still be presented to support the surviving retaliation and contract breach claims. These include an incident where Baldoni allegedly commented "pretty hot" after requesting Lively remove her jacket, exposing undergarments, and his reported dismissive response when warned about inappropriate behavior.
The court also cited concerns about a birthing scene where Baldoni allegedly pressured Lively to perform nude and failed to properly close the set to non-essential personnel during filming.
Legal Teams Respond
Lively's attorney Sigrid McCawley emphasized the focus on retaliation in a statement: "This case has always been and will remain focused on the devastating retaliation and the extraordinary steps the defendants took to destroy Blake Lively's reputation because she stood up for safety on the set."
McCawley added that Lively "looks forward to testifying at trial and continuing to shine a light on this vicious form of online retaliation so that it becomes easier to detect and fight."
Representatives for Baldoni and his production company have not yet provided comment on the ruling.
Film Background and Industry Impact
"It Ends With Us," adapted from Colleen Hoover's 2016 bestselling novel, explores themes of romance and domestic violence. Released in August 2024, the film exceeded box office projections with a $50 million opening weekend, though its promotional period was marked by speculation about tensions between the lead actors.
The case highlights ongoing discussions about workplace conduct boundaries in creative industries, particularly regarding the distinction between artistic expression and inappropriate behavior on film sets.
Lively, known for roles in "Gossip Girl" and "The Shallows," served as both star and producer on the project. Baldoni, recognized for "Jane the Virgin" and his advocacy work on masculinity issues, directed and starred in the adaptation.
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