ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Wednesday, February 14, 2018

Monetizing Sexual Harassment Contractually

Monetizing Sexual Harassment Contractually

In the Harvey Weinstein scandals, investigations have resulted in further almost incredible instances of alleged misconduct including:

  • Verbal threats, such as telling employees "I will kill you" or "I will kill your family"
  • Employing female staff as "wing women" to "accompany [Mr Weinstein] to events and facilitate [his] sexual conquests"
  • Demanding sexual favors in return for career promotion at the studio
  • Requiring his drivers to "keep condoms and erectile dysfunction injections in the car at all times"
  • The requirement for his assistants to schedule "personals for sexual activity" both during office hours and after work
  • Belittling female members of staff with insults about their periods, and shouting at one member of staff that she should leave the company and make babies as that was all she was good for.

Apparently, contracts for Mr. Weinstein contained the proviso that mistreatment claims would result in financial penalties imposed upon the accusers rather than be outright prohibited contractually. This, says some sources, “effectively monetized” sexual harassment.

Surely, no court of law would uphold a contractual clause penalizing an employee merely for making accusations of criminal conduct so long as this was done in good faith (which, as we now know, the accusations against Mr. Weinstein were). It is your legal right and arguably moral duty to call out criminal conduct when it happens. However, whether such an argument would ever be heard in court is questionable, for most employees working for famous, influential companies such as that of Mr. Weinstein and Mr. Weinstein himself are probably loath to stand up contractually against Mr. Weinstein. He clearly knew that. Many women didn’t even dare speak out against him for his criminal conduct or if they did, were not believed or helped. But these contractual clauses still show the gall, sickness, and immorality of Mr. Weinstein.

On a happier note: Happy Valentine’s Day! (I swear that the timing of this post is mere coincidence.)

Celebrity Contracts, Commentary, Current Affairs, Famous Cases, In the News, True Contracts | Permalink


Fascinating that he would memorialize his ill intentions in a bilaterally-signed document. What wonderful evidence. Beggars belief!

I wonder how a negotiation on the terms would play out... “your term imposing monetary penalties for claims of mistreatment seem designed to discourage such claims, indicating that you intend to mistreat me...”

Posted by: Matthew Boyd | Feb 15, 2018 5:13:59 PM

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