A federal judge in Manhattan dismissed actor Blake Lively’s sexual harassment claims against actor-director Justin Baldoni but allowed two retaliation claims and a breach-of-contract rider claim to go forward to a jury. The decision, issued by U.S. District Judge Lewis J. Liman in a 152-page opinion, follows Lively’s December 2024 complaint tied to the production of the film It Ends With Us. A trial is scheduled to begin May 18.
Liman ruled that Lively was an independent contractor rather than an employee, and therefore could not bring sexual harassment claims under Title VII of the Civil Rights Act of 1964, which covers employment discrimination. In reaching that conclusion, the judge evaluated the disputed conduct in the context of on-set filmmaking and the scenes being filmed.
Lively’s complaint described several incidents on set, including alleged gestures and touches — Baldoni leaning in as if to kiss, kissing her forehead, rubbing his face and mouth against her neck, touching her mouth and lower lip, caressing her, and making a remark that “it smells good.” The judge said such behavior might clearly create a hostile work environment in many workplaces, “but here Baldoni was acting in the scene.” Assuming the interactions were part of improvisation or performance, Liman concluded the actions were not so far outside what might reasonably occur between characters during intimate scenes to support a Title VII hostile-work-environment finding. He wrote that creative artists generally need some room to experiment within the bounds of an agreed script without fear of being liable for sexual harassment.
At the same time, Liman found factual disputes adequate to allow Lively’s retaliation claims to proceed. The opinion cited alleged comments and reactions that could show retaliation after Lively raised safety concerns: an exchange in which Baldoni allegedly said “pretty hot” after asking Lively to remove her jacket and expose a lace bra, then rolled his eyes and replied, “Sorry, I missed the sexual harassment training,” when warned the conduct was inappropriate; allegations that Baldoni pressed for a naked birth scene; and claims that filming of that scene lasted hours without the set being closed to nonessential personnel. The judge said those allegations could support Lively’s contention that she faced retaliatory treatment for seeking a safer working environment.
Two retaliation claims remain against It Ends With Us Movie LLC and Wayfarer Studios, and the breach-of-contract rider claim survives against It Ends With Us Movie LLC.
Baldoni has denied the sexual harassment allegations. He and his company, Wayfarer Studios, previously filed countersuits against Lively and her husband, actor Ryan Reynolds, seeking $400 million for alleged defamation and extortion; those countersuits were dismissed last June.
In an Instagram post after the ruling, Lively said she did not want a lawsuit but filed it because of what she called “pervasive RETALIATION” after asking for safe working conditions. She said she was grateful the court allowed the “heart” of her case to go to a jury and that she looks forward to telling her story at trial to highlight retaliation others face.
Baldoni’s attorneys said they were “very pleased” the sexual harassment claims were dismissed and noted the case has been significantly narrowed. Lively’s lawyer, Sigrid McCawley, said the litigation remains focused on “devastating retaliation” and alleged efforts to damage Lively’s reputation, and that Lively intends to testify and address online retaliation tactics.
It Ends With Us, adapted from Colleen Hoover’s 2016 novel, was released in August 2024 and performed strongly at the box office. The film, which shifts from romance to themes of domestic violence, starred Lively and was directed by Baldoni, who also co-starred. Lively is known for roles in The Sisterhood of the Traveling Pants, Gossip Girl and films such as The Town and The Shallows. Baldoni gained recognition for Jane the Virgin, directed Five Feet Apart and wrote Man Enough.