Blake Lively’s Sexual Harassment Claims Against Justin Baldoni Tossed Out but Robust Case Remains

new York: Blake Lively’s “It Ends With Us” sexual harassment allegations against Justin Baldoni were dismissed by a federal judge on Thursday, leaving three claims intact, including retaliation, which will allow a jury to hear most of the allegations.

The written decision, issued by Judge Lewis J. Liman in Manhattan, came after Lively, who starred in and produced the film, filed a lawsuit against her co-star and director in December 2024. The hearing is scheduled for May 18.

Baldoni and his production company, Wayfarer Studios, countersued Lively and her husband, “Deadpool” actor Ryan Reynolds, accusing them of defamation and extortion. The judge dismissed Baldoni’s claims last June.

In its decision, the Port determined that Lively was an independent contractor rather than an employee. On that basis, he said, he had no standing to bring sexual harassment claims under Title VII of the Civil Rights Act of 1964. This law prohibits employment discrimination on various grounds, including gender.

On the issue of retaliation, the judge said some evidence may have allowed the jury to conclude that Baldoni’s production company planned to destroy Lively’s career out of fear that it would not only damage her reputation but also claim discrimination. The judge noted that Lively claimed the smear campaign was “devastating to her reputation and career.”

In his analysis of the sexual harassment allegations, the judge said Lively’s allegations had to be considered in the context of the film they were working on.

“Lively alleges that during filming, Baldoni leaned in and moved as if he wanted to kiss her, kissed her forehead, rubbed her face and mouth against her neck, put his thumb to her mouth, gently stroked her lower lip, caressed her, and leaned in to her neck, saying ‘she smells good,'” the judge wrote.

He said there was no doubt that if the incident occurred on a factory floor or in an executive suite, the behavior would support a hostile work environment claim.

However, the judge noted that Baldoni was “acting in the scene” and that “her conduct did not go far beyond what could reasonably be expected to occur between two characters in a slow dance scene, such that hostile treatment on the basis of gender would result. At least in isolation, the conduct was directed at Lively’s character rather than Lively herself.”

Liman added: “Creative artists, at least as much as comedy room writers, need to have some leeway to experiment within the confines of an agreed-upon script, without fear of being held accountable for sexual harassment.”

Despite those findings, the judge said some sexual harassment allegations could be presented to the jury to support two retaliation claims that survived the verdict, one against It Ends With Us Movie LLC and Wayfarer Studios, and a third claim against It Ends With Us Movie LLC that remained intact, alleging violation of a contract driver agreement.

The judge noted that Baldoni called Lively “pretty hot” after asking her to take off her jacket and reveal the lace bra underneath, and when warned that making such a comment was inappropriate and distracting, she allegedly rolled her eyes and responded: “Sorry, I missed the sexual harassment training.”

Liman also touched on a scene in which Baldoni pressured Lively to show a nude birth scene, and the scene was then shot for several hours before the set was closed to non-essential personnel.

Lively attorney Sigrid McCawley wrote in a statement that Lively “looks forward to testifying at trial and continuing to shine a light on this evil form of online retaliation so that it becomes easier to detect and combat.”

He added: “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 for standing up for her safety on set, and this case will also go to trial.”

An attorney for Baldoni and the production company did not immediately comment.

Adapted from Colleen Hoover’s 2016 best-selling novel, which begins as a romance and takes a dark turn toward domestic violence, “It Ends With Us” was released in August 2024 and exceeded box office expectations with $50 million. However, the film’s release was marred by speculation regarding a rift between Lively and Baldoni.

He appeared in the 2005 film “The Sisterhood of the Traveling Pants” and on the TV series “Gossip Girl” from 2007 to 2012, followed by roles in films such as “The Town” and “The Shallows.”

Baldoni starred in the TV comedy “Jane the Virgin,” directed the 2019 film “Five Feet Apart” and wrote the book “Man Enough,” which challenges traditional notions of masculinity.