Federal Judge Dismisses Blake Lively's Sexual Harassment Claims Against Justin Baldoni But Allows Retaliation Case to Proceed

A federal judge in Manhattan on Thursday dismissed the majority of Blake Lively’s sexual harassment allegations against her “It Ends With Us” co-star and director Justin Baldoni, while allowing three retaliation-related claims to advance toward a jury trial scheduled for May 18. In a 28-page written ruling released late Thursday, Judge Lewis J. Liman concluded that Lively, who starred in and produced the 2024 romantic drama based on Colleen Hoover’s bestselling novel, was not an employee but an independent contractor when the alleged incidents occurred—thereby barring her from pursuing claims under Title VII of the Civil Rights Act of 1964, which protects employees from workplace discrimination including sexual harassment. However, Liman preserved claims that allege Baldoni and his production company, Wayfarer Studios, retaliated against Lively after she raised safety concerns on set, actions she describes as a deliberate campaign to damage her reputation and professional prospects.

Why the Judge Dismissed Most of Lively’s Sexual Harassment Claims

Judge Liman’s ruling hinged on a key legal distinction: Lively’s status as an independent contractor rather than a W-2 employee. Under Title VII, protections against sexual harassment extend primarily to employees, not freelancers or independent contractors. The judge acknowledged that Lively’s allegations—such as Baldoni allegedly leaning in to kiss her, touching her face and neck, and commenting on her scent—could constitute hostile work environment conduct in a traditional workplace. However, he wrote that such behavior must be evaluated through the lens of the film’s creative context, where physical and emotional portrayals of intimacy are part of the artistic process. ‘Creative artists, no less than comedy room writers, must have some amount of space to experiment within the bounds of an agreed script without fear of being held liable for sexual harassment,’ Liman wrote. He emphasized that Baldoni’s conduct, while potentially inappropriate in isolation, was directed toward Lively’s character rather than toward her as a person, and thus did not meet the threshold for a Title VII claim.

The Specific Allegations That Were Struck Down

• Alleged kiss attempt and neck contact during a slow-dancing scene
• Comment about Lively’s exposed lace bra beneath a jacket described as 'pretty hot'
• Push for Lively to perform a birth scene nude, filmed in an open set without privacy barriers

The judge acknowledged each of these actions, as detailed in Lively’s December 2024 lawsuit, but found that they fell within the scope of artistic expression or directorial prerogative. For instance, Liman cited Baldoni’s alleged remark about the lace bra as ‘inappropriate and distracting’ but concluded it did not rise to the level of unlawful harassment under Title VII. Similarly, the open-set birth scene, though criticized for lacking professional boundaries, was deemed part of the film’s creative direction rather than a personal affront to Lively’s dignity.

How Retaliation Claims Survived the Ruling and Will Go to Trial

Despite dismissing the core sexual harassment claims, Judge Liman allowed three retaliation-related allegations to proceed to trial, signaling that the legal battle will center on whether Baldoni and his team retaliated against Lively after she raised concerns about workplace safety. These surviving claims include: one alleging retaliation by It Ends With Us Movie LLC and Wayfarer Studios; a second related to the same entities; and a third asserting a breach of a contract rider agreement by It Ends With Us Movie LLC. The judge found that some evidence could support a jury’s conclusion that the production team sought to damage Lively’s reputation and even ‘destroy her career’ out of fear she would file a discrimination complaint. Lively’s legal team has emphasized that her case is fundamentally about retaliation, not the dismissed harassment claims.

The Broader Context: Safety, Power, and Industry Accountability

The lawsuit has cast a spotlight on workplace dynamics within the entertainment industry, a sector long scrutinized for its lack of formal protections for freelancers and independent contractors. Nearly 60% of workers in the film and television industry are classified as independent contractors, according to a 2023 report by the U.S. Bureau of Labor Statistics, leaving many without recourse under traditional employment discrimination laws. This case underscores a growing demand for stronger protections for performers and crew members who operate outside traditional employer-employee relationships. ‘This case has always been and will remain focused on the devastating retaliation and the extraordinary steps the defendants took to destroy Blake Lively’s reputation because she stood up for safety on the set,’ Sigrid McCawley, Lively’s attorney, said in a statement. The trial, set to begin May 18, could set a precedent for how retaliation claims are treated in creative industries where power imbalances and contractual ambiguity are common.

Baldoni’s Countersuit and the Defamation Battle

In a parallel legal maneuver, Baldoni and Wayfarer Studios filed a countersuit in June 2024 against Lively and her husband, actor Ryan Reynolds, alleging defamation and extortion. That lawsuit was dismissed by Judge Liman last June, who found the claims lacked legal merit. Baldoni’s legal team, led by attorney Bryan Freedman, has maintained that the allegations are baseless. ‘It is gratifying to see that the court’s ruling confirms what the legal team believed from day one,’ Freedman said in an email to the Associated Press. ‘These are very good people who have not engaged in this sexual harassment as alleged.’ The countersuit’s dismissal removes a significant legal hurdle for Lively, though the defamation narrative has already fueled public discourse and media coverage, particularly in the lead-up to the film’s August 2024 release.

Key Takeaways: What This Ruling Means for Lively, Baldoni, and the Industry

• Blake Lively’s sexual harassment claims under Title VII were dismissed because she was deemed an independent contractor, not an employee, but three retaliation claims survived and will proceed to trial on May 18.
• The ruling highlights the legal limitations of Title VII for freelancers in creative industries, where many workers lack protections against harassment and discrimination.
• The case underscores the growing scrutiny of workplace safety and power dynamics in Hollywood, especially amid recent movements like #MeToo and ongoing unionization efforts.
• Judge Liman’s decision suggests that while creative expression may excuse certain behaviors, retaliatory actions taken in response to complaints are not protected.
• The trial will focus on alleged smear campaigns and contract breaches, potentially setting a precedent for how retaliation claims are adjudicated in entertainment law.

The Film That Sparked the Controversy: ‘It Ends With Us’ and Its Cultural Impact

The legal dispute erupted amid the release of “It Ends With Us,” a film adaptation of Colleen Hoover’s 2016 novel that blends romance with domestic violence. The movie, which grossed $50 million domestically in its opening weekend—exceeding box office expectations—tells the story of a relationship that escalates from love to abuse, mirroring real-world patterns of coercive control. The on-set tensions reported by Lively added a layer of controversy to an already polarizing narrative, drawing comparisons to other high-profile disputes in the film industry, such as the 2017 Harvey Weinstein scandal and the 2022 Johnny Depp-Amber Heard defamation trial. While the film’s box office performance remained strong, the behind-the-scenes drama fueled speculation about the authenticity of its message and the integrity of its production environment.

Profiles of the Key Figures: From ‘Gossip Girl’ to ‘Jane the Virgin’

Blake Lively rose to fame as a teenager in the 2005 film “The Sisterhood of the Traveling Pants” and later became a household name as Serena van der Woodsen in The CW’s hit series “Gossip Girl” (2007–2012). Since then, she has starred in critically acclaimed films like “The Town” (2010) and “The Shallows” (2016), and has become known for her philanthropic work and advocacy on women’s issues. Justin Baldoni, best known for his role as Rafael Solano on The CW’s “Jane the Virgin” (2014–2019), has also carved out a niche as a director and author. His 2019 film “Five Feet Apart,” a romance about teens with cystic fibrosis, earned widespread praise for its sensitive handling of illness. Baldoni’s 2021 book “Man Enough” challenges traditional masculinity and has been credited with sparking conversations about emotional vulnerability in men.

What’s Next? From Courtroom to Public Discourse

With the May 18 trial date looming, the legal and cultural fallout from this case is far from over. Lively’s legal team has signaled that she plans to testify, aiming to bring attention to the broader issue of online retaliation—a growing concern in the era of social media, where public shaming and misinformation can rapidly destroy reputations. ‘This vicious form of online retaliation,’ McCawley said, ‘has become easier to detect and fight, and this case will help shine a light on it.’ Meanwhile, Baldoni and his supporters continue to deny the allegations, framing the dispute as a miscommunication in a high-pressure creative environment. As the entertainment industry grapples with evolving standards of workplace behavior, this trial could serve as a bellwether for how future disputes involving freelancers, power imbalances, and artistic license are resolved in court.

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