Retaliation in the workplace is a pervasive issue, one that often operates in the shadows but has far-reaching consequences for victims in both Hollywood and corporate America. Blake Lively’s recent legal complaint, as detailed in a New York Times exposé, sheds light on a sinister playbook used to discredit individuals who dare to speak out about workplace misconduct.
Lively’s claims against It Ends with Us co-star and director Justin Baldoni, lead producer Jamey Heath, and associates at Wayfarer Studios are not just Hollywood scandal fodder—they are a microcosm of what countless employees endure in every industry. Intimidation, public relations machinations, and outright smear tactics are all tools powerful people use to discredit and silence victims of sexual misconduct.
The Smear Playbook: Weaponizing Credibility
Lively’s legal filing alleges that after she raised concerns about inappropriate sexual conduct on set, Baldoni and Heath embarked on a retaliatory campaign to tarnish her reputation. According to the Times, a team led by PR expert Melissa Nathan allegedly amplified negative press about Lively and bolstered Baldoni’s image. Text messages and emails obtained through subpoena and reviewed by the Times allegedly show explicit plans to discredit her, with Nathan writing, “you know we can bury anyone.”
The alleged smear campaign coincided with a sharp uptick in online criticism of Lively, including claims that she was “difficult to work with” and “tone-deaf.” The apparent orchestration of social media attacks and media narratives is reminiscent of tactics used in other high-profile cases, such as Johnny Depp’s defamation battle with Amber Heard.
Lively’s account demonstrates the lengths those in power will go to protect their reputations. According to her complaint, Wayfarer Studios co-founder Steve Sarowitz said he was willing to spend $100 million to “ruin” her and her family’s lives.
The most harrowing detail? The campaign was reportedly designed to be “most importantly untraceable.” For employees in less visible industries, retaliation may not come with tabloid headlines or viral tweets, but the goal is the same: to isolate and intimidate those who speak out, making an example of them to discourage others who may otherwise come forward.
Retaliation’s Broad Impact: Fear and Silence
Retaliation is the most frequently reported claim in workplace discrimination cases filed with the U.S. Equal Employment Opportunity Commission.
To prove a retaliation claim under federal anti-discrimination law, an employee must show that their employer took a “materially adverse action” against them because they reported or otherwise opposed discrimination or harassment at work. The phrase “materially adverse” covers any action that might dissuade a reasonable person from complaining about discrimination. Many states and municipalities also have their own laws banning workplace retaliation.
Retaliation comes in many forms. A demotion, pay cut, denial of bonuses or promotions, transfer to a different location, and even outright termination may be considered retaliatory if it was meant to punish an employee for speaking out.
Retaliation can also be subtle, which is no less devastating. Examples of ways managers punish workers for speaking out include giving less desirable shifts or assignments, excluding them from meetings or social activities, providing negative performance reviews, micromanaging, and cultivating whisper networks that harm employees’ chances of advancement.
According to the Times, the smear campaign against Lively caused extensive damage to her reputation and business ventures, including a hair-care line that saw a 78% drop in sales. This kind of financial fallout is a stark reminder that retaliation isn’t confined to the workplace—it can seep into every aspect of a victim’s life. For employees who don’t have Lively’s resources, retaliation can impact not only their careers but also their personal lives and relationships.
Lively’s experience highlights why so many victims hesitate to come forward: they fear being buried, both professionally and personally. Unlike most cases of employer retaliation, however, Lively had significant resources to fight back.
Lessons for the Workplace—and the Law
Lively’s legal filing shines a spotlight on the urgent need for systemic change. The entertainment industry—and workplaces at large—must adopt stronger safeguards against retaliation. Employers need to enforce zero-tolerance policies for sexual misconduct, protect whistleblowers, and ensure that speaking up doesn’t come at the cost of someone’s livelihood or reputation.
From a legal standpoint, Lively’s complaint underscores the importance of tools like subpoenas to uncover the often-hidden evidence of retaliation. Text messages, emails, and other communications can be crucial in proving that an employer’s actions were not coincidental but calculated.
Lively herself stated, “I hope that my legal action helps pull back the curtain on these sinister retaliatory tactics.” Her decision to take legal action should serve as a reminder that retaliation is not just a personal attack—it’s a systemic issue that silences victims and perpetuates toxic workplaces.
At Outten & Golden, we see cases like this all too often. But retaliation is not inevitable. It’s a conscious choice made by those who fear being exposed more than they value justice and a safe workplace. By holding perpetrators accountable, we can dismantle the old playbook and create workplaces where everyone, regardless of their status or gender, can thrive.
Lively’s case reminds us that standing up for what’s right is never easy, but it’s always necessary. If you’re facing retaliation or discrimination, know that there are legal tools and advocates ready to help you fight back. The first step is speaking out. The next is demanding accountability.
