A federal judge has dismissed Blake Lively’s sexual harassment claims against Justin Baldoni, her co-star in the film 'It Ends With Us'. The dismissal stems from Lively’s classification as an independent contractor, not an employee.

Ruling Based on Contractor Status

Judge Lewis J. Liman in Manhattan ruled that because Lively was an independent contractor, she is not protected under Title VII of the Civil Rights Act of 1964. Title VII prohibits employment discrimination, including sexual harassment, but its protections do not extend to independent contractors.

Distinction Between Employee and Contractor

The judge emphasized the difference between an employee and an independent contractor. This distinction is particularly relevant in the entertainment industry, where the lines between traditional employment and contractual work can be unclear.

Context of Filming Considered

Judge Liman’s analysis focused on the performative nature of Baldoni’s actions within the film. He stated the conduct was directed toward Lively’s character, not Lively herself.

Creative Freedom in Filmmaking

The judge acknowledged the creative freedom required in filmmaking. He noted that actors and directors need room to experiment within the script and character roles. He also considered the potential for improvisation and whether the actions exceeded reasonable expectations for a scene.

Retaliation Claims to Proceed

While the sexual harassment claims were dismissed, Lively’s claims of retaliation will move forward. A trial is scheduled to begin on May 18th.

Ongoing Legal Battle

The retaliation claims allege a coordinated campaign to damage Lively’s reputation after she reported the alleged mistreatment. The 2024 lawsuit also involves other parties connected to the film. Countersuits from Baldoni and Wayfarer Studios, alleging defamation and extortion, were previously filed, though Baldoni’s countersuit was dismissed in June of last year.

The remaining legal proceedings will determine if Lively can prove she faced retaliation for reporting the alleged mistreatment on set.