Why the Blake Lively Case Matters—and Why Most Women Like Her Have No Legal Recourse

According to Blake Lively's allegations, Justin Baldoni repeatedly discussed his porn addiction and personal sex life, made comments about her body and improvised physical intimacy that had not been choreographed.

Her claims were dismissed, not because a judge found them lacking in merit, but for procedural reasons tied to her independent contractor status under California law. The harassment itself was never adjudicated.

In 2019, in direct response to the #MeToo movement, New York state lowered the bar for what constitutes sexual harassment. Under current New York law, a worker cannot be subjected to inferior terms or conditions of employment because of their sex. Behavior that rises above a petty slight or trivial inconvenience is now actionable.

In my practice, I see the real effects of sexual harassment on women every day. That psychological weight is real and costly. Not only are women jumping from job to job to avoid harassers, but companies are also losing talented employees.

It is time for federal law to catch up, lowering the standard so that harassment that subjects women to inferior terms and conditions of employment is actionable, regardless of which state they work in.

The post Why the Blake Lively Case Matters—and Why Most Women Like Her Have No Legal Recourse appeared first on Ms. Magazine.