Workplace harassment in California’s entertainment industry is a real problem and it’s just as illegal as harassment in any other workplace. Whether you’re on a film set, in a recording studio, or working behind the scenes, the law is clear: the entertainment industry is a workplace, and it must comply with California’s Fair Employment and Housing Act (FEHA), which protects employees from discrimination, harassment, and retaliation.
Matt Ruggles is an employment lawyer with over 30 years of experience representing California employees in workplace harassment claims. Matt has seen how illegal harassment can happen in any workplace, how employers often fail to prevent it, and how California law, especially FEHA, is designed to protect workers from all forms of unlawful behavior.
In this blog, Matt breaks down how FEHA protections apply to employees in the entertainment industry, explain the legal standards for hostile work environment harassment, and offer practical advice for workers who find themselves in difficult, unsafe, or retaliatory situations on set.
A Recent Workplace Harassment Lawsuit in California’s Entertainment Industry
The recent lawsuit against Kevin Costner, filed by a stunt double on the film Horizon: An American Saga, is a stark reminder that harassment can happen anywhere, even in the middle of a movie production. The case raises serious questions: What happens when an actor, director, or producer crosses the line? Who’s responsible when safety protocols, like having an intimacy coordinator on set, are ignored? And most importantly, what rights do California workers have when harassment and retaliation happen in the entertainment world?
Whether you’re working behind the scenes on a film production, performing in front of a camera, or contributing in any other role, you have the right to a workplace free from harassment, discrimination, and retaliation.
Why Is Kevin Costner Being Sued for Workplace Harassment?
Kevin Costner is being sued by Devyn LaBella, a female stunt double who worked on the film Horizon: An American Saga. LaBella claims that she was subjected to a violent, unscripted intimate scene directed by Costner without prior notice, preparation, or proper safety protocols, including the absence of a required intimacy coordinator. According to the lawsuit, LaBella was suddenly instructed to perform a scene where another actor mounted her and simulated a sexual assault without her consent or even an understanding that such a scene was part of the script.
This type of incident illustrates a critical point under California law: a single, severe act can be enough to create a hostile work environment. Unlike cases where harassment is pervasive, meaning smaller, repeated acts build up over time, LaBella’s claim rests on the severity of the one incident. The law does not require multiple incidents when a single act is so egregious that it fundamentally alters the working conditions, as is alleged here.
LaBella also claims that after she reported the incident, she was excluded from further work on the project. That exclusion is central to her retaliation claim under the Fair Employment and Housing Act (FEHA). California law prohibits employers from retaliating against employees for reporting workplace harassment or other unlawful conduct.
LaBella’s lawsuit, filed in California Superior Court, includes claims for sexual harassment, hostile work environment, retaliation, and failure to prevent harassment under FEHA.
Why Sexual Harassment on a Film Set Is Still Workplace Harassment
When harassment happens to an employee on a film set or in any entertainment workplace, California law treats it the same as harassment in a corporate office or a restaurant. If a director, producer, or actor engages in offensive, unwanted conduct, whether through physical contact, verbal comments, or creating an unsafe work environment, that behavior can rise to the level of a hostile work environment under the Fair Employment and Housing Act. FEHA applies to all workplaces in California, without exception. The law is the law, and it protects employees in every California industry.
What Exactly is a Hostile Work Environment under FEHA?
A hostile work environment occurs when an employee is subjected to unwelcome conduct that is severe or pervasive enough to create an intimidating, abusive, or offensive atmosphere and that conduct must be based on a legally protected characteristic. Under California law, these protected characteristics include sex (including sexual orientation, gender identity, and pregnancy), race, color, national origin, religion, disability, age, and more.
There are two primary categories of hostile work environment harassment under California law:
Hostile Work Environment Type #1: Sexual Harassment:
This includes unwelcome sexual advances, requests for sexual favors, or other verbal, visual, or physical conduct of a sexual nature that is severe or pervasive enough to interfere with an employee’s work. For example, in the entertainment industry, a director demanding physical contact without proper safety protocols or a producer making sexual comments toward an employee creates a sexually hostile work environment.
Hostile Work Environment Type#2: Harassment Based on a Protected Characteristic (Nonsexual Harassment):
This occurs when an employee is targeted because of a protected characteristic other than sex, such as race, national origin, religion, age, or disability. For example, a coworker mocking an employee’s accent or religious practices, or a manager repeatedly making age-based comments about an employee’s ability to do their job, can create a hostile work environment based on a protected characteristic.
To learn more about the legal thresholds for harassment claims under California law, read my blog: “When Does Workplace Harassment Become Illegal in California?”
What Does Not Qualify as Hostile Work Environment Under FEHA?
It’s important to understand that not all unpleasant or annoying behavior at work qualifies as illegal harassment. Under California law, hostile work environment claims must be tied to a protected characteristic. Here’s what does not generally amount to a hostile work environment under FEHA:
- General personality conflicts or “bad boss” situations. If a manager is rude, condescending, or micromanaging but not targeting an employee because of a protected characteristic then it’s typically not considered unlawful harassment.
- Workplace stress or high workloads, even when unreasonable, are not harassment unless the behavior is based on a protected characteristic.
- Isolated incidents of minor slights, jokes, or offhand comments, unless they are extremely severe or threatening, usually do not rise to the level of a hostile work environment under the law.
To bring a hostile work environment claim in California, the employee must show that the unwelcome behavior was both severe or pervasive and motivated by a protected characteristic. Without that protected characteristic link, there’s no legal claim, no matter how unpleasant the workplace feels.
When Reporting Workplace Harassment Leads to Retaliation
Retaliation is illegal under California’s Fair Employment and Housing Act (FEHA). If an employee reports harassment and then faces negative consequences such as being fired, demoted, or frozen out of future work, that’s retaliation and it’s against the law. The fear of retaliation often keeps employees silent, but California law is designed to protect workers who speak up.
The lawsuit against Kevin Costner is a clear example of these issues in the entertainment industry. According to the complaint, after Devyn LaBella reported the alleged harassment on set, she was not rehired for subsequent films in the Horizon series. While the truth of these claims will ultimately be decided in court, the fear of being excluded from future projects is a very real concern for many entertainment workers. It’s also a basis for a legal claim under FEHA. Employees should know that if they report harassment and face any form of retaliation, they have the right to take legal action.
If you filed a complaint at work and were fired soon after, you might be wondering whether that’s considered wrongful termination under California law. To learn more, read my blog: “Is Being Fired After Filing a Complaint Considered Wrongful Termination?”
What California Employees Can Do If They Experience Harassment at Work
If you’re facing harassment at work, you need to act strategically. California law protects employees who report harassment, but it’s critical to follow the right steps to safeguard your rights and build a strong case if legal action becomes necessary.
Step #1: Document Everything
Start keeping a detailed written record of every incident. This includes:
- Dates, times, and locations of harassment.
- The names and titles of those involved.
- Specific actions or comments that were offensive.
- Any witnesses who observed the behavior.
Write it down as soon as possible after each incident. Your notes can be key evidence in showing a pattern of harassment or a severe single incident.
Step #2: Report Internally
If it’s safe to do so, report the harassment to your supervisor, human resources, or another person designated in your employer’s harassment policy. California’s Fair Employment and Housing Act (FEHA) requires employers to take reasonable steps to prevent and correct harassment. Reporting puts the company on notice and gives them a chance to fix the problem.
If your employer has no formal reporting process, or if reporting feels unsafe, document that too. Your effort to report, even if ignored or mishandled, strengthens your legal position.
Step #3: Protect Yourself Against Retaliation
If you experience retaliation, such as being demoted, excluded from projects, disciplined unfairly, or fired after reporting harassment, document that retaliation. Retaliation for reporting harassment is illegal under FEHA.
Keep a paper trail of any sudden changes to your workload, performance reviews, or assignments that happen after you speak up. The closer in time the retaliation happens after your report, the stronger your legal argument.
Step #4: Contact an Employment Attorney
If the harassment continues, if you feel unsafe, or if you’ve been retaliated against for reporting, contact an experienced employment attorney immediately. Don’t wait. An employment lawyer can assess whether you have a claim under California law, explain your rights, and help you take the next step—whether that’s negotiating a severance package, filing an administrative complaint with the California Civil Rights Department (CRD), or pursuing a lawsuit.
If you’re dealing with sexual harassment at work, it’s important to know the right steps to take. For a detailed guide on how to respond, read my blog: “How Should I Respond to Sexual Harassment?”
Frequently Asked Questions About Workplace Harassment in California’s Entertainment Industry
What qualifies as workplace harassment in California’s entertainment industry?
Workplace harassment in California’s entertainment industry includes any unwelcome conduct that is based on a protected characteristic such as sex, race, age, disability, or religion. This can happen on film sets, in studios, or behind the scenes. California law, under FEHA, applies to all entertainment workplaces.
Does California law require an intimacy coordinator for intimate scenes in film or television?
While California law does not specifically mandate an intimacy coordinator, industry best practices and union standards often require them for safety. Failing to provide proper notice, safety protocols, or an intimacy coordinator for intimate scenes may contribute to a hostile work environment under California’s Fair Employment and Housing Act (FEHA).
Is a single severe incident enough to file a workplace harassment claim in California?
Yes. In California, a single severe act such as a violent, unscripted intimate scene without consent can create a hostile work environment and lead to a legal claim under FEHA. The law does not require multiple incidents if the conduct is egregious enough to alter working conditions.
What should I do if I’m retaliated against for reporting harassment in the entertainment industry?
If you report harassment and are retaliated against such as being excluded from future projects, demoted, or fired, you have legal rights under California law. Document the retaliation, seek legal advice, and consider filing a complaint with the California Civil Rights Department (CRD) or consulting an employment attorney to protect your rights.
Contact the Ruggles Law Firm at 916-758-8058 to Evaluate Your Potential Lawsuit
Matt Ruggles has a thorough understanding of California employment laws and decades of practical experience litigating employment law claims in California state and federal courts. Using all of his knowledge and experience, Matt and his team can quickly evaluate your potential claim and give you realistic advice on what you can expect if you sue your former employer.
Contact the Ruggles Law Firm at 916-758-8058 for a free, no-obligation consultation.
Blog posts are not legal advice and are for information purposes only. Contact the Ruggles Law Firm for consideration of your individual circumstances.
