“What’s next for them in their employment is a big question they have to think about.” – David Fish, Romano Law
There’s a scene in the 1991 movie Madonna: Truth or Dare where the pop star dares one of her dancers to unzip his pants. He proceeds to do so, prompting uproarious laughter and visible exasperation from another dancer who storms out. While I loved the positive messages about sexual identity and freedom–the movie and the Blonde Ambition tour were powerful weapons against homophobia–a key takeaway was, ‘wow, working for Madonna kind of sucks.’
Indeed, three dancers later sued the singer for invasion of privacy, fraud and distress, ultimately settling out of court.
Last week, another trio of singers came forward with a lawsuit against the singer Lizzo, alleging abusive behavior as a boss. There were some parallels: an entertainer who pushes boundaries, employees who say they felt pressured into behavior that violated their boundaries, and situations that may have violated workplace protections. One question that immediately comes to mind is how much has really changed.
On a basic level, arguably not much. Whether you dance with Lizzo in a leotard or prepare briefs in a law firm, a workplace is a workplace. As David Fish of Romano Law points out, you can’t sign your basic rights away. While working for a boss who uses sexuality as part of her act can and should impact your expectations of the job, he says, “certain things are always off limits.” For example, “you can’t have someone enter into a contract which allows you to evade your obligations and rights under the law or ask somebody else to give up their constitutional rights.”
Then again, much has changed since Madonna played party games with the dancers on her tour. We’re more comfortable in talking about workplace bullying and the impact it can have on mental health. Social media has made it easier for workers to make their case and celebrities to amplify their response.
Whether Lizzo breached those rights or is being unfairly targeted by disgruntled former employees is a matter for a jury to decide — in the unlikely event that this ever gets to trial. While there’s a long history of suing celebrities for being boorish bosses, such matters are typically resolved in a privacy of a lawyer’s office.
The simple act of voicing complaints could impact these employees, regardless of the outcome. “This is something that they’re going to carry with them as it’s a public filing,” notes Fish. “What’s next for them in in their employment is a big question they have to think about … Where’s their next job? Will they be welcomed on to another production?”
Click on the interview above for more insights on what’s at stake here, and what the rest of us can learn from this case.
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