top of page

Hollywood has Learned Nothing from #MeToo

  • Clara Sarfati
  • Apr 7
  • 7 min read

Following the surge of the #MeToo movement in 2017, which exposed widespread unsafe and discriminatory conditions for women in Hollywood, the industry underwent a fundamental shift in how its institutions addressed sexual misconduct and equal opportunity.[1] Now, with the rattles of the movement stabilizing, Hollywood is reemerging as an unsafe environment for women in entertainment.[2]  One of the most high-profile cases of the 2020s, Lively v. Wayfarer Studios LLC, illustrates how legal frameworks and Hollywood culture continue to fall short on protecting female victims of sexual assault.[3]  Moreover, it underscores how survivors are often still forced to navigate complex legal barriers, professional retaliation, and public scrutiny when seeking justice. Ultimately, the case demonstrates that, even in an era shaped by the #MeToo movement, meaningful protection and systemic change for women in the entertainment industry remain incomplete.

 

The uproars of 2017’s #MeToo movement started with a New York Times exposé on Harvey Weinstein, Hollywood’s most powerful producer, and how he abused his power over vulnerable women with dreams to make it big in the industry.[4]  His powerful position in Hollywood allowed him to take advantage of these women while simultaneously paying for their silence.[5] Weinstein was only one example of a much deeper problem facing women in Hollywood.[6] Following the New York Times article, thousands of women came forward on social media using #MeToo to share their experiences of sexual harassment and assault in the workplace, revealing the prevalence of Hollywood’s mistreatment of women.[7]   


In the aftermath of the #MeToo movement, Hollywood took measures to respond to workplace misconduct and inequality.[8] SAG-AFTRA, a Hollywood union representing actors and media artists, implemented its “Four Pillars of Change Initiative.”[9]  Through this initiative, the union clarifies conduct standards and mechanisms for reporting misconduct in the entertainment space.[10] Ultimately, SAG-AFTRA has a strict harassment-free policy for its members and by its members.[11] In their code of conduct on sexual harassment, SAG-AFTRA defines a “hostile work environment” as an “unwelcome verbal, visual, or physical conduct of sexual nature that is severe or pervasive and which creates a hostile, offensive, or intimidating work environment.”[12]


Despite these institutional efforts, allegations of misconduct continue to emerge in high-profile productions, demonstrating the persistent challenges of enforcing these standards in practice. On December 31, 2024, Blake Lively sued Justin Baldoni and his production studio Wayfarer Studios for sexual harassment while working together on the set of It Ends With Us, and his retaliation efforts against her for speaking out against his inappropriate behavior.[13] The lawsuit is particularly complex because Baldoni occupied dual roles in relation to Lively, serving both as her co-star and romantic counterpart in the film and as its director, placing him simultaneously in the positions of coworker and employer.[14]  Both Lively and Baldoni are members of SAG-AFTRA.[15] It Ends With Us addresses themes of sexual and domestic violence, requiring Lively and Baldoni to perform intimate scenes while portraying romantic partners.[16] Because Baldoni served both as the film’s director and a lead actor, he had significant creative authority, which allegedly allowed him to improvise aspects of these scenes without consistently seeking Lively’s prior consent.[17]


Lively’s 93-page complaint alleges that while filming It Ends With Us, Baldoni frequently failed to comply with guild protocols governing intimate scenes, as well as with the terms of their pre-filming contract.[18]  This agreement granted Lively significant authority over how such scenes should be filmed and how she would participate in them, authority she claims was repeatedly disregarded.[19]  Further, the complaint cites the SAG-AFTRA protocols on how to handle sexual and/or nudity scenes to allege Baldoni repeatedly disregarded them and imposed an unsafe and uncomfortable environment for Lively and other members of the set.[20]  Such steps included (i) ensuring consent, (ii) requiring signed nudity riders, (iii) safe and secure working conditions, and (iv) involving intimacy coordinators.[21]


Nudity riders are necessary and ensure that the actors involved in such scenes have voluntarily consented to participating.[22] In her complaint, Lively alleges that nudity riders were lacking before filming intimate scenes for It Ends With Us, including a scene where her character is giving birth.[23]  The complaint recounts Lively’s distressing experience when filming the birth scene, which she described as “utterly lacking in standard industry protections for filming nude scenes,”[24] even though the scene originally did not require any nudity.[25]


When Blake Lively raised her concerns to Justin Baldoni throughout filming, Baldoni eventually responded in retaliation.[26]  In the marketing stage of the film, Baldoni allegedly engaged in a costly and large reputation-ruining campaign against Lively.[27]  Lively’s complaint alleges that Baldoni and his PR team were involved in “astroturfing,” where they pretended to be ordinary people on social media writing distasteful and false comments against Blake Lively to get a negative conversation going about her.[28]  These comments along with planted stories illustrated Lively as controlling, mean, and difficult to work with while filming.[29]  The aftermath of this campaign was extremely successful in its social manipulation goal, causing severe emotional distress for Lively, harming her businesses, and completely tarnishing her image.[30] Meanwhile, SAG-AFTRA holds a clear standard prohibiting such retaliation against those who speak out on harassment.[31]

 

The litigation in Lively v. Wayfarer Studios LLC has remained ongoing since Lively filed her complaint in December 2024. Since then, the case has been marked by extensive motion practice, including multiple procedural and substantive filings by both parties.[32]  Another reason this case has remained unresolved is the high-stakes nature of the court’s eventual decision, particularly in the context of the entertainment industry.[33]  In the wake of #MeToo, there has been a significant cultural shift in how society defines appropriate and inappropriate conduct in the workplace.  However, the law has continued to apply more rigid and narrowly defined standards when evaluating claims of harassment and misconduct.[34]  Because this dispute arises within Hollywood, there is the added intricacy of distinguishing between consensual performance, artistic expression, and improper behavior.[35] These industry-specific dynamics require courts to carefully balance evolving cultural norms such as #MeToo with established legal doctrines.[36]


Although this case remains unresolved, with Judge Lewis J. Liman yet to issue a final ruling,[37] it is worth reflecting on the public reaction to Justin Baldoni’s alleged retaliation against Blake Lively. Was Lively “overly controlling” of the film’s production, as some critics suggested?[38]  Or was she simply exercising her right to protect herself—physically, professionally, and personally—on a set involving scenes of domestic and sexual violence?  She was not only safeguarding her body and consent, but also preserving her image as a mature actor and mother by resisting coercion into nudity in ways Baldoni allegedly demanded.


Even in the wake of the #MeToo movement, this case exposes a troubling pattern: women’s legitimate concerns are often dismissed or overlooked until harm has already occurred.  It forces us to ask: why, despite heightened awareness, do we still fail to listen to women before it is too late?  The stakes here are not just individual; they speak to the persistent structural and cultural failures that continue to shape Hollywood and American society.  It is important to note as well that despite SAG-AFTRA claiming there would be member discipline for those who engage in sexual misconduct, Justin Baldoni is still a member of SAG-AFTRA.[39]


Ultimately, courts addressing cases like the one brought by Blake Lively should take retaliation and hostile work environment claims seriously and send a clear signal that misconduct and intimidation will not be tolerated.  An ideal outcome would not only provide relief for the individual plaintiff but also reinforce a broader industry standard: that those who speak out against harassment will be protected rather than punished.  Without meaningful legal and institutional consequences, the promises made in the aftermath of the #MeToo movement risk become little more than public relations gestures rather than real progress.

 


[1] Angela Reddock-Wright, 6 Impacts of the #MeToo Movement & the Harvey Weinstein Case, Rᴇᴅᴅᴏᴄᴋ Eᴍᴘ. L. (Mar. 19, 2025), https://www.reddocklaw.com/6-impacts-of-the-metoo-movement-the-harvey-weinstein-case [https://perma.cc/K38G-MB86].

[2] Etan Vlessing, Sexual Harassment in Hollywood Remains Pervasive, Says #MeToo-Era Survey, Tʜᴇ Hᴏʟʟʏᴡᴏᴏᴅ Rᴇᴘ. (Oct. 5, 2024),https://www.hollywoodreporter.com/news/general-news/sexual-harassment-hollywood-pervasive-metoo-survey-wif-1235608370[https://perma.cc/DTK3-2MX3].

[3] Julia Jacobs, Lively v. Baldoni Tests What Crosses the Line on a ‘Steamy’ Movie Set, N.Y. Tɪᴍᴇs (Feb. 19, 2026), https://www.nytimes.com/2026/02/19/movies/blake-lively-justin-baldoni-it-ends-with-us.html [https://perma.cc/SG4T-Q4BZ].

[4] Jodi Kantor & Megan Twohey, Harvey Weinstein Paid Off Sexual Harassment Accusers for Decades, N.Y. Tɪᴍᴇs (Oct. 5, 2017), https://www.nytimes.com/2017/10/05/us/harvey-weinstein-harassment-allegations.html [https://perma.cc/KK8P-4JJY].

[5] Id.

[7] Rachel Layne, Has #MeToo Changed How Hollywood Hires? Hᴀʀᴠ. Bᴜs. Sᴄʜ. Wᴏʀᴋɪɴɢ Kɴᴏᴡʟᴇᴅɢᴇ (Feb. 10, 2021), https://www.library.hbs.edu/working-knowledge/has-metoo-changed-how-hollywood-hires [https://perma.cc/HJ86-QTV3].

[8] Vlessing, supra note 2.

[9] Reddock-Wright, supra note 1.

[10] Gabrielle Carteris & David White, Four Pillars of Change Initiative, SAG-AFTRA, https://www.sagaftra.org/get-involved/four-pillars-change-initiative-0 [https://perma.cc/278F-TFG2].

[11] Cᴏᴅᴇ ᴏғ Cᴏɴᴅᴜᴄᴛ ᴏɴ Sᴇxᴜᴀʟ Hᴀʀᴀssᴍᴇɴᴛ, SAG-AFTRA (2018) § 4.1-.2, https://www.sagaftra.org/sites/default/files/sag-aftra_code_of_conduct_f2_2.pdf.

[12] Id. at §1.2.

[13] Dessi Gomez & Dominic Patten, A Full Timeline of Blake Lively & Justin Baldoni’s ‘It Ends With Us’ Feud in Court, Online & In The Media, Dᴇᴀᴅʟɪɴᴇ (Jan. 21, 2026), https://deadline.com/feature/blake-lively-justin-baldoni-feud-timeline-1236279854 [https://perma.cc/YN39-N5DL].

[14] Complaint at ¶ 1, Lively v. Wayfarer Studios LLC, No. 1:24-cv-10049 (S.D.N.Y. Dec. 31, 2024).

[15] Dominic Patten & Denise Petski, Blake Lively’s “Courage” Praised by SAG-AFTRA Amid Justin Baldoni Misconduct Allegations; “Retaliation… Is Illegal & Wrong,” Guild Says, Dᴇᴀᴅʟɪɴᴇ (Dec. 23, 2024), https://deadline.com/2024/12/blake-lively-sag-aftra-justin-baldoni-misconduct-allegations-1236241415 [https://perma.cc/4DS4-RQZV].

[16] Jacobs, supra note 3.

[17] Id.

[18] Complaint, supra note 14, at ¶ 46-48.

[19] Pl. Compl. Ex. A, Lively v. Wayfarer Studios LLC, No. 1:24-cv-10049 (S.D.N.Y., 2024) (protections for Return to Production).; see also Pl. Compl. Ex. B, Lively v. Wayfarer Studios LLC, No. 1:24-cv-10049 (S.D.N.Y. 2024) (attaching the Contract to Rider).

[20] Complaint, supra note 14, at ¶ 46-48.

[21] Id. at 18; Quick Guide for Scenes Involving Nudity and Simulated Sex, SAG-AFTRA https://www.sagaftra.org/quick-guide-scenes-involving-nudity-and-simulated-sex-0 [https://perma.cc/W5MG-9LUV].

[22] Quick Guide for Scenes Involving Nudity and Simulated Sex, supra note 21.

[23] Complaint, supra note 14, at ¶ 52.

[24] Id.

[25] Id. at ¶ 51.

[26] Id. at ¶ 8.

[27] Id. at ¶ 11-24.

[28] Id. at ¶ 10.

[29] Id. at ¶ 208.

[30] Id. at ¶ 24.

[31] Cᴏᴅᴇ ᴏғ Cᴏɴᴅᴜᴄᴛ ᴏɴ Sᴇxᴜᴀʟ Hᴀʀᴀssᴍᴇɴᴛ, supra note 11, at § 1.3.

[32] Lively v. Wayfarer Studios LLC, No. 1:24-cv-10049 (S.D.N.Y.), docket available at CourtListener, https://www.courtlistener.com/docket/69510553/lively-v-wayfarer-studios-llc/?page=7 (over 1250 documents have been filed in Lively v. Wayfarer Studios LLC since the original complaint was filed in December 2024).

[33] Jacobs, supra note 3.

[34] Id.

[35] Id.

[36] Id.

[37] CourtListener, supra note 32.

[38] Eileen Reslen, Blake Lively Tried to ‘Take Advantage’ of Justin Baldoni in ‘It Ends With Us’ Battle, Crew Member Claims, Pᴀɢᴇ Sɪx (Apr. 15, 2025), https://pagesix.com/2025/04/15/celebrity-news/blake-lively-tried-to-take-advantage-of-justin-baldoni-in-it-ends-with-us-battle[https://perma.cc/C279-S5VZ].

[39] Cᴏᴅᴇ ᴏғ Cᴏɴᴅᴜᴄᴛ ᴏɴ Sᴇxᴜᴀʟ Hᴀʀᴀssᴍᴇɴᴛ, supra note 11, at § 4.2; see also Patten & Petski, supra note 15.

 
 
 

Recent Posts

See All
The Inequity of Elective Shares in Second Marriages

Elective share statutes, the modern successors to the historical doctrines of dower and curtesy, serve as a vital legal safety net designed to prevent a decedent from intentionally disinheriting a sur

 
 
 

Comments


bottom of page