04-15-2026
Actor Blake Lively made headlines for her high-profile lawsuit against fellow actor Justin Baldoni. She sued him and his production company for sexual harassment in violation of Title VII and for the retaliation that followed.
Lively starred in It Ends with Us, a film produced by Wayfarer Studios. Baldoni founded Wayfarer and appeared in the film. Lively said Baldoni and Wayfarer’s CEO sexually harassed her and subjected her to a hostile work environment on set. A New York federal judge dismissed her Title VII claims in a 152-page opinion because Lively did not meet the basic threshold. Title VII protects employees from sexual harassment. The federal judge assessed whether Lively was an employee or an independent contractor. The court concluded that Lively was an independent contractor based on the following factors. She exercised significant control over her role and creative decisions in the films. Her work required a high degree of specialized skill. The work was limited in duration and project-based. Her compensation, negotiated through her own company, was based on profitability. Because Lively was not an employee, she could not pursue a Title VII claim.
Lively will proceed with her claims of retaliation based on California law and breach of contract against the film’s producers. Lively alleged that she was pressured to participate in a partially nude birth scene without appropriate safeguards (like a closed set or intimacy coordinator), which may have violated some contractual terms. After raising concerns about the work environment, Lively alleges that she became the target of a coordinated effort to trash her reputation, including a widespread public relations campaign to undermine her credibility. The judge concluded that a reasonable jury could find that some of the alleged actions may be retaliatory, especially if they were intended to punish or silence Lively.
Takeaways: The case serves as a reminder that courts will carefully consider whether complainants are employees or independent contractors as a threshold question for Title VII protections. Employers should carefully structure relationships with individuals who are not employees where appropriate. Employers should be familiar with state and local jurisdictions that offer broader anti-discrimination protections to independent contractors.