sexual harassment
Page: 2
Lizzo has lodged her first legal response to the lawsuit brought by three of her former dancers in August.
In what amounts to a 31-point rebuttal against claims that the dancers were subjected to sexual harassment and a hostile work environment while on tour with the singer, Lizzo and her Big Grrrl Big Touring company are requesting that the court dismiss the case with prejudice (meaning it cannot be refiled). In the event the court declines to dismiss it, the defendants are requesting a jury trial.
In the original complaint, filed Aug. 1 in Los Angeles court, dancers Arianna Davis, Crystal Williams and Noelle Rodriguez accused Lizzo (real name Melissa Jefferson) and Big Grrrl Big Touring of several allegations. Among them: that Lizzo pressured dancers to attend a sex show in Amsterdam and interact with the nude performers; that dance team captain Shirlene Quigley repeatedly engaged in behavior that made them feel uncomfortable; that Lizzo “called attention” to a dancer’s weight gain following a performance; that employees of the touring company singled out Black dancers by accusing them of “being lazy, unprofessional and having bad attitudes”; and that Lizzo denied dancers bathroom breaks during an “excruciating re-audition” process.
Explore
Explore
See latest videos, charts and news
See latest videos, charts and news
The new document — filed Wednesday by Lizzo’s lawyers, Martin Singer, Michael Weinsten and Melissa Lerner — offers more than 30 wide-ranging defenses to the dancers’ complaint. They include:
That the plaintiffs “ratified, acquiesced, condoned, and/or approved of the acts or omissions of Defendants, in whole or in part, about which Plaintiffs now complain”;
That the defendants’ alleged conduct “was undertaken in good faith and with good cause” and “undertaken for legitimate reasons reasonably related to one or more lawful business purposes”;
That the plaintiffs are “guilty of unclean hands,” which in legal terms means they have done something unethical and should therefore be denied relief;
That the plaintiffs should be barred from pursuing the case based on the doctrine of estoppel, meaning they have acted unfairly or made false representations in bringing the lawsuit;
That the plaintiffs failed to “mediate in good faith pursuant” to their contract terms with Big Grrrl Big Touring and are subject to arbitration under those terms;
That the claims are preempted by California’s Workers’ Compensation Act and should therefore be decided by the workers’ compensation appeals board as opposed to the court;
That if the plaintiffs were harmed as alleged, the plaintiffs and/or others who are not listed as defendants “contributed, in whole or in part,” to that harm;
That the defendants’ alleged actions arose from the exercise of their rights of free speech and/or religion;
That plaintiffs failed to “avail themselves” of internal anti-discrimination and anti-harassment policies and complaint procedures while employed on the tour;
That plaintiffs’ claims regarding discrimination or retaliation should be barred because any employment decisions were made “for legitimate, non-discriminatory, non-pretextual reasons and Defendants acted out of business necessity”;
That the plaintiffs “have failed to plead and cannot establish facts sufficient to support allegations of malice, oppression or fraud”;
That defendants are not liable for punitive damages because they did not “engage in wrongful conduct,” “authorize or ratify any wrongful conduct,” or “have advance knowledge of the unfitness of any employee and employ that employee with a conscious disregard of the rights and safety of others.”
“This is the first step of a legal process in which Lizzo and her team will demonstrate that they have always practiced what they’ve preached — whether it comes to promoting body positivity, leading a safe and supportive workplace or protecting individuals from any kind of harassment,” said Lizzo spokesperson Stefan Friedman in a statement. “Any and all claims to the contrary are ridiculous, and we look forward to proving so in a court of law.”
In response to the new filing, the dancers’ attorney, Neama Rahmani, released the following statement: “Lizzo’s answer merely consists of boilerplate objections that have nothing to do with the case. That said, the key takeaway is that Lizzo is agreeing to our clients’ demand for a jury trial. We look forward to presenting our case in court and letting a panel of her peers decide who is telling the truth, Lizzo and her team who continue to shame the victims or the plaintiffs and so many others who have come forward sharing similar stories of abuse and harassment.”
Though this is Lizzo’s first legal response to the lawsuit, the singer categorically denied the dancers’ claims two days after it was filed, stating on social media that the allegations were as “unbelievable as they sound and too outrageous to not be addressed.”
“These sensationalized stories are coming from former employees who have already publicly admitted that they were told their behavior on tour was inappropriate and unprofessional,” she added. Later that day, the dancers appeared on CNN This Morning to rehash their allegations and called Lizzo’s statement “disheartening” and “incredibly frustrating.”
Two weeks later, Lizzo’s Big Grrrls dance team released a statement in support of the singer, saying they “had the time of our lives” on the tour and continuing, “The commitment to character and culture taking precedence over every movement and moment has been one of the Greatest lessons and Blessings that we could possibly could ask for.”
The Aug. 1 lawsuit is the first of two that have been brought against Lizzo. Earlier this month, the singer — along with her wardrobe manager Amanda Nomura, tour manager Carlina Gugliotta and Big Grrrl Big Touring — were sued by clothing designer Asha Daniels, who alleged sexual and racial harassment, disability discrimination, assault, illegal retaliatory termination and more while working on Lizzo’s Special tour.
The second lawsuit dropped the same day Lizzo was due to receive the Black Music Action Coalition’s Quincy Jones Humanitarian Award at the organization’s 2023 gala.
While accepting the honor that evening, Lizzo — who was introduced by cast members from her Emmy-winning reality show, Watch Out For the Big Grrrls — gave an emotional speech in which she said, “I’m going to continue to be who I am, no matter who’s watching. I’m going to continue to amplify the voices of marginalized people because I have a microphone and I know how to use it. And I’m going to continue to put on, represent and create safe spaces for Black fat women because that’s what the f— I do!”
She continued, “This support right now means the world to me.”
HipHopWired Featured Video
Source: Dave J Hogan / Getty
It seems Lizzo will have to defend her name against more allegations. Another former tour employee has filed a lawsuit claiming that she experienced hostile work conditions.
TMZ is reporting that Asha Daniels has filed a formal legal grievance against the entertainer. On Thursday, September 21 the complaint was filed at Los Angeles County Superior Court. The Hill obtained the documentation which states that Daniels experienced “degradation, forced physical labor, denial of medical care, sexual harassment, and racial harassment” when she worked in wardrobe for Lizzo’s tour starting in February 2023.
The filing goes into further detail on Asha’s time on the road with the singer. “Almost immediately, Plaintiff was introduced to the culture of racism and bullying on Lizzo’s tour,” the lawsuit stated. It added that the her dance team was “forced to change in and out of their clothing in small, tight, changing areas during all the shows with little to no privacy whatsoever” while staff members, who were reported to be primarily white males, crew “would lewdly gawk, sneer, and giggle while watching the dancers rush through their outfit changes.”
Daniels also says that the executive who offered her the position, Amanda Nomura, was especially toxic. She says Nomura, a Black woman, would frequently mock Lizzo and other women of color calling them “dumb”, “fat” and “useless.” Additionally, she says that she was asked to tone down her clothing choices as Lizzo would allegedly get upset if her boyfriend was around attractive women.
Asha also states that management was aware of Nomura’s behavior including tour manager Carlina Gugliotta who suggested Asha secretly record Amanda. Eventually, the plaintiff decided not to fearing secretly recording Nomura would be unethical and or unlawful. Daniels is represented by Neama Rahmani, the same lawyer who represented the three former dancers who filed against the “Special” singer back in August.
Lizzo’s spokesperson Stefan Friedman has responded to the new lawsuit saying the allegations are absurd. “As Lizzo receives a Humanitarian Award tonight from the Black Music Action Coalition for the incredible charitable work she has done to lift up all people, an ambulance-chasing lawyer tries to sully this honor by recruiting someone to file a bogus, absurd publicity-stunt lawsuit who, wait for it, never actually met or even spoke with Lizzo.”
He went on to add, “We will pay this as much attention as it deserves. None.”
Lizzo is facing another explosive lawsuit filed by a former employee.
On Thursday (Sept. 21), Asha Daniels — a clothing designer who worked on Lizzo’s Special Tour earlier this year — filed a complaint in Los Angeles Superior Court alleging sexual and racial harassment, disability discrimination, assault, illegal retaliatory termination and more. In addition to Lizzo, the lawsuit names wardrobe manager Amanda Nomura, tour manager Carlina Gugliotta and Lizzo’s Big Grrrl Big Touring company as defendants.
In the lawsuit, Daniels claims that after being hired to join the superstar’s world tour in February 2023 to alter and repair the wardrobe she’d previously designed for Lizzo’s dancers, she was “almost immediately…introduced to [a] culture of racism and bullying” and that she “suffered constant anxiety and panic attacks” as a result. In one allegation, she claims that Lizzo’s dancers were forced to change in “small, tight changing areas…with little to no privacy” and that the stage crew, “primarily white males, would lewdly gawk, sneer, and giggle” while watching them dress. She alleges that after expressing concern to Nomura about the lack of privacy, the wardrobe manager “laughed” and “advised” her not to tell anyone else about the issue or try to fix it.
Explore
Explore
See latest videos, charts and news
See latest videos, charts and news
The complaint contextualizes these incidents as part of “a set up to humiliate, degrade, alienate, and, in some cases, fire, the Black female performers.” Notably, three of these dancers — Arianna Davis, Crystal Williams and Noelle Rodriguez — made similar allegations after filing suit against Lizzo and Big Grrrl Big Touring in August. Their attorney, Ron Zambrano of West Coast Employment Lawyers, is also representing Daniels in her case.
While Lizzo isn’t directly implicated in any of the incidents outlined in Daniels’ complaint, the “About Damn Time” singer is effectively accused of turning a blind eye to the toxic behavior of her employees, including Daniels’ direct boss Nomura, who bears the brunt of the allegations.
“Throughout the entirety of her employment,” the lawsuit alleges, Daniels — a Black woman — witnessed Nomura making “racist and fatphobic comments,” including by mocking Lizzo and her background dancers, “doing an offensive stereotypical impression of a Black woman” and referring to Black women on the tour as “‘dumb,’ ‘useless’ and ‘fat.’” After allegedly confronting Nomura over her behavior, Daniels claims Nomura “ignored” her and proceeded to directly target her with harassment.
In one particularly inflammatory allegation, Daniels claims that Nomura rolled “a heavy rack of clothing” over Daniels’ foot. When Daniels allegedly told Nomura she needed to sit down “as her foot was in serious pain,” she says Nomura “shoved” her into the clothing rack “while asserting Plaintiff should not make excuses about her foot.” Claiming that the shove from Nomura caused her to “roll her ankle,” Daniels says that when she showed up for work the following day wearing Crocs to “minimize the pain,” Nomura demanded that she change into tennis shoes even after Daniels told her they were painful to walk in.
The suit accuses Nomura of a litany of other offenses, including making threatening statements against Daniels and the rest of the crew “on several occasions,” shoving a crew member after the crew member threatened to quit and saying that she would “kill a bitch if it came down to it” if anyone threatened her job. She also claims that Nomura discouraged her from interacting directly with Lizzo or Lizzo’s boyfriend — and that if she ever did, she should avoid dressing “attractively” to avoid the singer becoming “jealous.”
More broadly, Daniels claims she experienced frequent sexual harassment by the Big Grrrl Big Touring team. Among other offenses, she alleges that a backstage manager “sent a photo graphically depicting male genitalia” on a group chat that included her and more than 30 other tour employees. In another accusation that distinctly echoes the lawsuit filed by Lizzo’s former dancers, Daniels says she witnessed Nomura, crew members and Lizzo’s management “openly discussing hiring sex workers for lewd sex acts, attending sex shows, and buying hard drugs” and that she felt pressured to join those activities.
Daniels further claims that after informing Gugliotta of the behavior she’d witnessed — and after being “informed” that her complaints were relayed to Lizzo — she was fired by Lizzo’s team roughly a month after she began work on the tour. On the day she was fired but before she was informed of her termination, she also alleges she was “denied medical care” after suffering “an allergic reaction” and “pressured” to continue working after informing Nomura and Lizzo’s management about it.
In the aftermath of her experiences, Daniels claims she “continues to suffer ongoing anxiety and PTSD,” “migraines,” “brain fog, and “fatigue” from the experience.
Gugliotta and a representative for Lizzo did not immediately respond to Billboard‘s request for comment. A contact for Nomura could not immediately be located.
Daniels is asking for damages including unpaid wages, loss of earnings and deferred compensation; general damages “including but not limited to” emotional distress; other special damages including for medical expenses; punitive damages; and more.
Two days after the August lawsuit was filed, Lizzo refuted the allegations on social media, stating the dancers’ claims were as “unbelievable as they sound and too outrageous to not be addressed.”
“These sensationalized stories are coming from former employees who have already publicly admitted that they were told their behavior on tour was inappropriate and unprofessional,” she added. Later that day, the dancers appeared on CNN This Morning to rehash their allegations and called Lizzo’s statement “disheartening” and “incredibly frustrating.”
Two weeks later, Lizzo’s Big Grrrls dance team released a statement in support of the singer, saying they “had the time of our lives” on the tour and continuing, “The commitment to character and culture taking precedence over every movement and moment has been one of the Greatest lessons and Blessings that we could possibly could ask for.”
Following the initial lawsuit, lawyers for the dancers stated that six more people had approached them with similar stories about Lizzo, though Daniels’ lawsuit is the first to emerge in the nearly two months since.
Lizzo is due to be honored with the Black Music Action Coalition’s Quincy Jones Humanitarian Award at the organization’s 2023 gala on Thursday.
As the world marks International Women’s Day 2023, a new study is illuminating the pervasive and ongoing barriers to gender equality in the music industry — and how to combat them.
Out Wednesday (March 8), 2023’s BE THE CHANGE: Gender Equality in the Music Industry study was conducted by Luminate, Tunecore and Believe. This study (available in full here) synthesizes the responses of more than 1,650 creators, industry professionals and executives from 109 countries and includes male, female and gender-expansive perspectives.
The globally distributed online survey considered respondents’ ethnicity, sexual orientation, disability status, parental status, location and age, among other factors.
Primary findings include that in the past year, 34% of women in the music industry had experienced sexual harassment or abuse, 60% of women and 62% of nonbinary individuals felt that discrimination based on age was a significant problem and 53% of respondents felt that cisgender men are paid more than others in the music industry.
The report also highlights a perception gap around these issues, stating that “the music industry has a clear disconnect in how we assume industry professionals and artists experience the industry and the reality.” The survey indicates that 60% of respondents believe gender discrimination is a major issue in the music industry. Women and nonbinary individuals are likelier to see gender discrimination as an issue as compared to men.
The report also found “alarming” rates of sexual harassment and abuse in the music industry, often against women and gender-expansive individuals. Many respondents reported that they did not find adequate resources for survivors or consequences for offenders. Thirty-four percent of women, 42% of trans individuals and 43% of nonbinary individuals who participated in the survey report being sexually harassed or abused at work.
The study also found that gender discrimination in the music industry is compounded by the discrimination of other marginalized groups, with inadequate representation and tokenism complicating women and gender expansive individuals’ experience in the industry. “Minority women, for example, are 114% more likely than average to feel that their hiring decision was, in part, based on their racial, ethnic, tribal background, or country of origin,” the report states.
The industry wage gap also remains a significant problem. Fifty-three percent of respondents agreed that cisgender men are paid more than others, while half of the surveyed women report “having their or another’s professional or career experience discredited, which impacts earning potential in the industry.”
These issues are also compounded by an ongoing lack of equal leadership, with 30% of women, 30% of underrepresented ethnic groups and 74% of transgender individuals reported being passed on for a promotion. Furthermore, 42% of women and 98% of trans people are said that they don’t have access to professional training/development opportunities.
Given these issues, it’s perhaps unsurprising that 76% of women, 82% of trans individuals and 89% of nonbinary individuals reported struggling with their mental health since entering the music industry.
The report also offers statistics on equality in streaming by determining the percentage of female and nonbinary artists represented in the top 50 artists by combined streams in multiple countries last year. South Korea ranked highest in equality, with 48% of the top 50 artist spaces occupied by female and nonbinary artists, while Colombia ranked lowest with just 10%. In the United States and Canada, 21% of the top 50 positions are occupied by women and nonbinary artists.
Beyond outlining the challenges, the report also suggests straightforward solutions. These include creating more transparent dialogues around pay within organizations, the creation of employee resource groups that help advance gender equality, the creation of diverse hiring committees, the creation and implementation of policies that protect survivors of sexual harassment and the removal of NDAs that often prohibit those that have experienced sexual harassment from speaking out.
Respondents reported that they believe executives, companies, major labels and artists are in the best position to create such changes.
“The good news is that BE THE CHANGE is now in its third year and we’ve seen the study’s impact,” TuneCore CEO Andreea Gleeson said in a statement. “It’s been quoted by the United Nations and widely discussed in creator and executive circles across the industry. But here’s the bad news – we need more change. We, as individuals and as an industry must heed the calls to action and do just that – take action. Small changes add up and if we each do something different each day, week, month, year, we will see a sea change in the industry. So let’s go!”