Hollywood Seeks to Close Gender Gap but Sex Abusers Find New Work

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Hollywood’s TV, movie, and streaming producers have been making space for diversity in lead roles and seeking to close the gender gap following years of sexual harassment complaints. But it seems there is still space for those with checkered histories too. Sex abusers are finding new work, and some advocates say the change hasn’t been enough.

MeToo, Time’s Up, and ReFrame Put Gender Gap and Diversity Issues Center Stage

Over the past two and a half years, the #MeToo movement has been calling out sex abusers within the entertainment industry. The most famous of these was producer Harvey Weinstein, co-owner of the Weinstein Company, who was convicted of two counts of criminal sexual conduct earlier this year in New York state court. Similar allegations have been raised against Hollywood A-List actor Cuba Gooding Jr., and John Lasseter, chief creative officer and co-founder of Pixar Animation Studios. The streaming video industry has faced its own problems with sex abuse. In 2018, Roy Price stepped down as head of Amazon Studios after being accused of sexual harassment. He was replaced by Jennifer Sallke, formerly of NBC Entertainment.

Advocates Call for Increased Representation, Starting at the Top

Advocates for women and minorities know that it isn’t enough to remove a few bad actors. That’s why they have been pressuring Hollywood to close the gender gap and introduce more diversity into its programming, both on screen and behind the camera. And it’s been working.

The New York Times reports that the Hollywood entertainment industry is becoming more inclusive, thanks in part to streaming services demanding new and more varied content. Women and people of color have been stepping into more leading roles and director positions, finding their own place in an industry that has historically been male and white. Melissa Rosenberg, creator of the Netflix show “Jessica Jones” and executive producer for “Dexter” said she has begun to notice a change in corporate culture.

“‘There were very specific intentions from the studio and the network to have diverse voices in the room,’ … She added that she had been told, ‘You will not have a room without people of color and diversity of gender and sexual orientation.’

“‘That was a big change,’” Ms. Rosenberg said. “‘When I was coming up it would be sufficient to have one woman in the room — to represent the female voice — and she was often the lowest-paid writer, too.’”

Hollywood Introduces Intimacy Coordinators to Protect Against Sex Abuse on Set

While more women and people of color have been coming into positions of power, their right to consent is also coming into sharper focus. Entertainment industry heavyweights like HBO have begun requiring intimacy coordinators (also called intimacy directors in theater) for scenes involving nudity intimacy. These intimacy coordinators explain their jobs as “fight choreography for sex scenes.” However, they are also responsible for making certain the actors involved are comfortable with role they are playing.

In the past, intimate scenes were essentially improvised until the director was satisfied. Actress Humberly González explained that sometimes that resulted in actors doing more than they bargained for:

“She and her scene partner, whom she met earlier that day, were going to be filmed kissing from outside a camping tent, outlined in silhouette. There was no rehearsal and no specific choreography. When it was time to shoot, the two actors clambered inside the tent and were instructed to ‘just go for it,’ González recalled, while the director watched from outside, shouting evaluations.

In González’s situation, she and her scene partner were touching the whole time, and he became unintentionally aroused. ‘It was so awkward,’ González said.

However, speaking up about their emotional needs often came with a price. González explained that if she had raised her feelings of discomfort, she may have been perceived as a problem or even “lose the job.”

“There’s always this very scary feeling of: If I share my true feelings, am I going to be hired again?”

That’s where the intimacy coordinators come in. They serve as a go-between, helping to choreograph intimate scenes in a way that respects the actors’ feelings and consent, while still allowing directors to get the shot.

Sex Abusers Find New Work, Showing Power is Still in “White Dudes’” Hands

At the same time, many men accused of sexual harassment and abuse have been able to find new work. Lasseter, for example, is now working in a high position at Skydance Animation. David Glasser and Bob Weinstein, former partners at the Weinstein Company, have each opened their own production companies. Mr. Glasser has already raised $300 million in financing to once again become a major player in the industry.

Those women who stepped up to fill the vacuum of power at the top, are also finding themselves pushed back down the ladder. Earlier this year, Amazon brought in former Sony executive Mike Hopkins to oversee Amazon’s video entertainment business, placing him between Ms. Salke and Jeff Bezos, the company founder. Nina Jacobson, a veteran producer and the former president of Disney’s Buena Vista Motion Pictures Group told the New York Times:

“No matter how much things are shifting in the right direction, when you get to the top of these media companies, you will usually find a white dude. . . . The power behind the power is still white and male, and in terms of truly passing the torch in corporate life, the torch has not yet been passed.”

Even in light of Hollywood’s push to close the gender gap and improve diversity in lead roles, it is clear that sexual harassment and abuse are not going away anytime soon. At Eisenberg & Baum, LLP, our experienced sexual abuse attorneys and sexual harassment attorneys know how to respond when sex abuse rears its head on the job. We can meet with you at our headquarters in the heart of New York City, or conference with you remotely, to help navigate the criminal, civil, and regulatory processes needed to help you find justice. Contact Eisenberg & Baum, LLP, today to talk to a sexual abuse attorney.

Sexual Misconduct Allegations Shake Leadership at Gaming Giant Ubisoft

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More than a dozen current and former Ubsioft employees have come forward, complaining that the game producer has downplayed and ignored their claims of sexual harassment against top management for years. The French-based family business, run by 5 brothers, has employees all over the world, but as their workers have spoken up, saying “Me Too”, some of Ubisoft’s leadership is finally being held accountable for their actions.

If you or your children play video games, you probably have seen the work of gaming giant Ubisoft. With titles like Assassin’s Creed and Far Cry, Ubisoft is one the world’s largest game publishers. The gaming industry has been plagued with misogyny and sexism for years. Women software developers are routinely under-represented and underpaid compared to their male counterparts. But while employees at tech giants like Amazon and Google have made headlines, more specialized studios have flown under the radar of mainstream news until recently.

More Than a Dozen Sexual Misconduct Investigations Swept Under the Rug

Earlier this year, Bloomberg Businessweek published a report, pulling back the curtain on sexual misconduct investigations at Ubisoft Entertainment SA. The report detailed over a dozen female employees who had raised concerns about toxic work environments within Ubisoft’s offices in Canada, France, and here in the U.S. Ellen Lee, who worked in Ubisoft’s San Francisco office in the marketing and promotions department, told Bloomberg:

“The culture there is really hard as a woman. . . . If you weren’t part of the boys’ club, you were just working hard on the outskirts.”

The sexual misconduct complaints ranged from work outings held at strip clubs to one incident where a creative chief choked an employee at a release party. Employees have complained for years, but the company has done little to address their complaints. Fey Vercuiel, a former designer for the company said:

“You complain about something, it just gets swept under the rug.”

When Nina Stewart raised concerns that her manager was making sexist and fatphobic remarks, she was told to “talk it out” with him. Ubisoft did nothing until a male co-worker corroborated her third complaint. Then the company removed her boss and sent her a thank you card with a $200 gift card.

International Family Business Shields Friends’ Sexual Misconduct

Here in the U.S., employers are legally required to investigate claims of sexual misconduct, harassment, and gender discrimination. When they find the complaints are true, federal and state laws require employers to take reasonable steps to correct the problem — including by removing the offending employee (not the one who complained). But all too often, biases among those responsible for investigating sexual misconduct claims mean managers and executives are trusted, even when faced with multiple sexual misconduct complaints.

That appears to have been the case among the Ubisoft leadership. Unlike many other game publishers, Ubisoft has remained largely a family business since it was founded in 1986. The 5 Guillemot brothers who founded the company continue to own 21% of the company, maintain 5 seats on the board, and serve as executive officers within the large company.

They have also developed nearly familial relationships with some of their top executives. Serge Hascoët, chief creative officer, has been a close friend of the Guillemots’ for decades. He was given ultimate authority over which games the company would produce. In spite of allegations against Hascoët that he demeaned women and engaged in predatory behavior he was treated as a permanent fixture of the company. He and his team were “golden children,” said Cindy Fitzpatrick, who worked in Ubisoft’s public-relations department:

“No matter what they do, they seem untouchable.”

Sexism in Gaming Comes from the Top

The sexist and often frat-like culture at Ubisoft even affected its products, according to its employees. Several of the products in the Assassin’s Creed franchise — a historically based open-world action-adventure game — were originally supposed to have female protagonists. However, in 2014, Hascoët said the next chapter of the game wouldn’t let players choose a female avatar, because “it was really a lot of extra production work” to add women’s animations and clothing to the game. Later games shrank the roles of women in their stories, minimizing female protagonists and moving men to the lead roles in their games.

#MeToo Publicity Leads to Shakeup in Ubisoft Leadership

By going public with their #MeToo stories, Ubisoft employees seem to have accomplished what internal sexual misconduct complaints could not. Chief Executive Officer Yves Guillemot has announced extensive changes — even removing “golden child” Serge Hascoët — in response to the negative publicity. Guillemot issued a statement announcing several changes in Ubisoft leadership saying:

“Ubisoft has fallen short in its obligation to guarantee a safe and inclusive workplace environment for its employees. . . . This is unacceptable, as toxic behaviors are in direct contrast to values on which I have never compromised—and never will. I am committed to implementing profound changes across the company to improve and strengthen our workplace culture.”

In addition to the chief creative officer, Ubisoft is removing the heads of HR and the Canadian studios. These departures could signal a change in the way the company responds to sexual misconduct in their workplace, and sexism within their products. In the past, employees were simply told to find a way to work with their harassers or look elsewhere. Now Ubisoft is demanding that its leaders “manage their teams with the utmost respect” and “drive the change we need” for the company.

Whether the new Ubisoft leadership — notably still all men — can drive systemic change in the workplace remains to be seen, but for the employees whose complaints had been ignored, the departure of Hascoët and others shows that the company may be open to listening to them after all.

At Eisenberg & Baum, LLP, our sexual harassment attorneys know what it feels like when sexual misconduct claims get swept under the rug in favor of executives’ family and friends. If you have been sexually harassed by a manager or supervisor who seems untouchable, we can help. We will meet with you and review your options when your employer chooses to believe their friends over your complaints. Contact us today to schedule a free consultation.

Sex Abuse Lawsuits Send Boy Scouts to Bankruptcy Court

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Thousands of former boy scouts nationwide have come forward to say they were sexually abused as children by their scout leaders, counselors, and others within the organization. There have been so many complaints and sex abuse lawsuits that they forced the Boy Scouts to file for Chapter 11 bankruptcy protection. Depending on where you live, that could be good news for victims or a ticking clock on when you can file your claims.

Boy Scouts of America’s “Red Flag List” Show Decades Long History of Child Sex Abuse

The Boy Scouts of America (BSA or Boy Scouts) have been around for more than 100 years. Founded in 1916, they have stood for patriotism, courage, and self-reliance for generations of boys, young men, and starting in 2017, girls too. However, for nearly as long as there have been boy scouts, there have been pedophiles looking to take advantage of the organization to get access to those boys.

In 1935, the New York Times published an article revealing that the organization had a “red flag list” of scout leaders who had been removed from the organization for moral reasons. The physical cards in the Boy Scouts’ two catalogs of volunteers (one alphabetical and one geographical), were marked with red labels when problems were brought to their attention, so that the organization could look carefully at the volunteers’ records if they ever resurfaced in another location.

However, as the organization grew, the Boy Scouts consolidated those red cards into a “red flag list” of 2,919 men who had been dismissed from their positions as scout leaders.  Scout troops were supposed to consult that Red Flag List as part of volunteers’ background checks. However, even in 1935, the BSA were aware that, “Sometimes, in spite of these rigid requirements, a moral degenerate may slip through.” That is due in part to the fact that the list itself is strictly confidential. It was not released until 2012, when the Oregon Supreme Court ordered that the records be made public.

Nearly 2000 Former Scouts File Sex Abuse Lawsuits

Last year, a group called Abused in Scouting gathered up nearly 2,000 people with complaints of child sex abuse against Boy Scouts of America — including at least one from every state. Their ages range from 8 to 93.

And then New York passed the Child Victims Act. Effective August 14, 2019, this law lengthened the state’s statute of limitations for child sex abuse and pornography cases. It also created a one-year window for victims of abuse to file no matter how old their claim was. The Abused in Scouting group and other sex abuse attorneys have used this law and others like it in New Jersey, California, and Arizona to file their claims all at once and put pressure in the Boy Scouts to settle quickly without expensive lawsuits.

Boy Scouts of America Files for Chapter 11 Bankruptcy

That pressure appears to have worked. On February 17, 2020, the Boy Scouts of America filed for Chapter 11 bankruptcy protections in the United States Bankruptcy Court, District of Delaware. The petition will allow the organization to continue operations while reorganizing to consolidate and pay off its debts. According to the BSA’s initial filings, the national organization (without the local Boy Scouts councils) had more than $1 billion in assets, and liabilities valued between $500 and $1 billion. That included money owed to former employees, and 25 law firms representing child sex abuse victims from across the country.

What the BSA’s Bankruptcy Means for Child Sex Abuse Victims

By filing for bankruptcy, the BSA has put a temporary stop (called an automatic stay) to all lawsuits against it. Instead, as part of the bankruptcy process, the Boy Scouts are asking for the court to set aside a single pool of money — a compensation trust fund — to pay off anyone with claims based on activity before the filing date. This compensation trust fund could be paid for by selling off BSA property, including campgrounds and hiking trails. To qualify for a part of the trust fund, former scouts and other victims will need to be ready to file their claims within a short window of opportunity, or their claim will be barred forever.

For child sex abuse victims in states with strict statutes of limitations, this bankruptcy settlement could provide an opportunity to get compensation when it is too late to file a claim in their state courts. However, for New York residents, this bankruptcy process threatens to cut short the legislative grace period. It will force everyone, even those whose cases just recently happened, to file their claims now, rather than waiting until they are emotionally ready to tell their stories.

At Eisenberg & Baum, LLP, team of sexual abuse attorneys know how to navigate compensation trust funds to help you protect your claims for child sexual abuse. We can speak with you and your family from our headquarters in the heart of New York City, or conference with you remotely, to help you get compensation for your scout leader’s sexual misconduct. Contact Eisenberg & Baum, LLP, today to talk to a sexual abuse attorney.