Weinstein case triggers changes, guidelines in industry
LOS ANGELES — Once known for Oscar winners like “Shakespeare in Love,” disgraced producer Harvey Weinstein’s most lasting legacy will surely be the rise of the #MeToo movement triggered by his downfall.
A New York jury convicted Weinstein of two of five counts.
More than two years after accusations of sexual harassment and assault ended Weinstein’s career as a movie mogul, the ripple effects of the revelations continue in casting meetings, executive suites and writers rooms. Weinstein, who also faces charges in Los Angeles, denied all allegations of nonconsensual sex.
The #MeToo movement, launched by Tarana Burke years before it became a rallying cry of hashtag activism, has ended or stalled the careers of powerful men. Industry organizations, including trade guilds, the Academy of Motion Picture Arts and Sciences and talent agencies have taken some tangible steps to address the dangers and discrimination women face in Hollywood. Groups like Time’s Up have emerged to transform the energy of #MeToo into practical solutions.
Here’s what’s changed:
New guidelines
Over the last two years, unions and agencies have taken steps to curb practices that make women vulnerable to sexual harassment. Performers union SAG-AFTRA in 2018 called on producers and executives to refrain from requesting meetings in “high-risk locations” such as private homes and hotel rooms as part of a seven-page code of conduct. Talent representatives have increasingly cautioned clients against taking meetings in such places.
Studios, meanwhile, have become more cautious when hiring directors and actors who may have a history of offenses. Distributors and streaming services have increasingly placed “morality clauses” in contracts that allow them to pull out of projects if people involved are exposed for wrongdoing. Those clauses can be very broad, said Akin Gump entertainment lawyer Vanessa Foltyn Roman. “The first drafts we’re seeing could cover everyone from the lead actor to the makeup artists,” she said.
Legal changes
The allegations against Weinstein have not only changed society, but also the law.
Last year, the National Women’s Law Center published a report noting that since 2017, 15 states have passed new laws protecting employees from sexual harassment and gender discrimination, including banning or placing limits on the use of nondisclosure agreements and extending the statute of limitations for victims seeking to file civil lawsuits against their abusers.
“This culture of secrecy and protecting harassers and marginalizing women once they’ve complained is much harder now,” said Nancy Erika Smith, a partner at the Montclair, N.J., law firm Mullin & Smith, who has represented former Fox News anchor Gretchen Carlson and Weinstein accuser Rowena Chiu.
“What I do see is a consciousness that hadn’t been there before and community building, particularly among women,” said producer and former studio executive Amy Baer, board president of Women in Film.