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Workplace Harassment Could Be An Issue in "Femme Fatales" Lawsuit

Author: Scarinci Hollenbeck, LLC

Date: April 23, 2014

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Actress, Anne Greene, and Time Warner’s HBO division are currently in a legal battle

The cause? Greene’s choice to not perform a topless sex scene on set. We previously discussed the potential breach of contract in this situation, but there are other issues, such as workplace harassment, that we should touch on.

HBO
Photo by Glenn Carstens-Peters on Unsplash

Greene claims she was “bullied into performing nude scenes, sexually harassed and placed in a dangerous work environment” during the filming of an episode of “Femme Fatales” for Cinemax.

Unlawful Harassment

To better understand this situation, it is important to become aware of the two types of unlawful harassment:

  • Quid Pro Quo harassment – According to the Department of Labor, this type of harassment is generally made by someone who can make or recommend decisions such as termination, demotion or denial of promotion. One example could be if a supervisor demotes an employee for refusing to be sexually cooperative.
  • Hostile work environment harassment – This type of harassment can occur when unwelcome conduct of supervisors, co-workers, customers or contractors is present. This is probably where Greene’s complaint falls, as she said unnecessary personnel were on set watching her nude scene.

To violate harassment laws, conduct must be unwelcome and based on the victim’s protected status. Secondly, the conduct must be subjectively abusive to the person impacted and objectively severe and pervasive enough to create a work environment that a reasonable person would find hostile or abusive.

There is no telling where this case is headed, but if Greene is able to prove the above criteria she could be able to recoup damages from Time Warner’s HBO division.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

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