SAG-AFTRA Backs Ashley Judd in Weinstein Case

On Sept. 3, SAG-AFTRA filed a brief supporting Ashley Judd in her case against Harvey Weinstein. She alleges, among other issues, sexual harassment in a “business, service or professional relationship” under California Civil Code § 51.9. In 2018, the legislature added directors and producers to the list of professions specifically protected by the law. The trial court dismissed Judd’s sexual harassment claim, concluding that the 2018 legislation modified rather than clarified the law. According to the court, the harassment did not fall within the scope of Section 51.9 because it occurred prior to Jan. 1 of this year, and it was not in the context of a relationship that fell within the scope of the prior version of the statute. Judd appealed this decision to the Court of Appeals for the Ninth Circuit.

SAG-AFTRA supported the 2018 legislation — Senate Bill 224 — and shared Judd’s understanding that directors and producers already were encompassed within the broad phrase “business, service or professional relationship.” This interpretation is clear throughout the legislative history of the bill, which said these relationships were added simply to draw attention to specific problematic categories. In fact, the State Senate filed a brief of its own to address this very point.

The court also had opined that Judd’s relationship with Weinstein was not covered by the law because it was “fundamentally centered around employment or potential employment” rather than a “business, service or professional relationship.” SAG-AFTRA disagrees and explained that general meetings are a common way of establishing and growing business and professional relationships within the entertainment industry and are not akin to job interviews.

As we have seen over the last two years, as brave actors such as Judd have spoken out about abuse at the hands of powerful industry gatekeepers, the nature of today’s entertainment industry leaves actors, particularly those who have not attained celebrity status, vulnerable to abuse. Weinstein was one of the most successful producers of his time, and the stories recounted in the media over the last two years make clear the power that Hollywood gatekeepers like him wield and the harm they can cause those who deny their unwanted sexual advances. Judd and many others have good reason to believe their careers and reputations suffered as a result of denying or reporting an abuser’s advances.

SAG-AFTRA explained to the court that the entertainment industry is one in which meetings and relationships between vastly unequal participants play a significant role. It is in the context of these meetings that Section 51.9 is intended to operate. It is also in this context that SAG-AFTRA’s members are most likely to be harmed by the court’s holding that the law does not apply.

SAG-AFTRA is continuing its ongoing efforts to fight sexual harassment in the entertainment industry and permanently change the culture that allows it to continue, utilizing all the tools available to the union.