By: Victoria Ciminera
On August 1, 2023, Lizzo’s ex-dancers filed a lawsuit against the singer alleging a hostile work environment, religious, racial and sexual harassment, and discrimination.[1] The former dancers claim they were “weight-shamed, forced to endure sexually degenerating behavior, . . . preach[ed] [to] about sexuality and Christianity” and coerced to participate in sexual activities.[2] More specifically, Lizzo is accused of violating California’s Fair Employment and Housing Act because she failed to prevent the hostile workplace.[3] The purpose of California’s act is to protect all individuals who seek employment and provide effective remedies that eliminate all forms of discrimination.[4]
Publicly, Lizzo is an artist who praises body positivity, diversity, and size inclusivity by empowering others with her “feel-good” music but privately, these allegations accuse the singer-songwriter of weight shaming her plus-size dancers in a toxic environment.[5] Lizzo denied the allegations and responded in a recent Instagram post stating she is not the villain and she usually chooses “not to respond to false allegations but these are as unbelievable as they sound and too outrageous to not be addressed.”[6] The pop star further stated, “it is never [her] intention to make anyone feel uncomfortable or like they aren’t valued as an important part of the team.”[7] She continued to proclaim her approach to self-love and body positivity by stating that she “would absolutely never criticize or terminate an employee because of their weight.”[8]
Although Lizzo is a Grammy-winning artist, she is also an employer. Labor and employment law controls all employers, including those in the entertainment industry. Employment law exist for this very reason: “to protect employees because [of] disparit[ies] in power” between employers and employees.[9] Section 12950 of the California Code requires every employer to “ensure a workplace free of sexual harassment” by requiring, at a minimum, sexual harassment training and a poster on discrimination in a visible and accessible location.[10] Although many employers choose to settle their cases, plaintiffs’ attorneys have expressed that they are ready to take this to trial.[11] With fans closely watching, Lizzo’s representation has an uphill battle, both in the court of law and the court of public opinion.
The recent lawsuit against Lizzo brings to light the importance of a comfortable and welcoming workplace. To avoid allegations of a hostile work environment, employers should (1) update their workplace policies to clearly outline the prohibition of harassment, discrimination, and any “behavior that creates an environment that is intimidating, hostile or offensive”, (2) regularly train employees on discrimination and procedures to file a complaint, and (3) investigate all workplace complaints promptly.[12] This case is in its procedural phase but more women are continuing to support the dancers who had the courage to file this suit.[13] As a result of the scandal, Lizzo has already lost her chance as a potential performer for the Super Bowl LVII Halftime Show.[14] It is only a matter of time before more dancers come forward and see Lizzo in court if no settlement is reached.
[1] Lauren McCarthy, Former Tour Dancers Accuse Lizzo of Harassment and Hostile Work Environment in Lawsuit, New York Times, (Aug. 2, 2023), https://www.nytimes.com/2023/08/02/us/lizzo-dancers-lawsuit-harassment.html.
[2] Dustin Jones, Lizzo says hostile work environment allegations against her are ‘unbelievable’, National Public Radio, (Aug. 3, 2023, 9:25 AM), https://www.npr.org/2023/08/02/1191675195/former-dancers-accuse-lizzo-harassment-creating-hostile-work-environment.
[3] Brian Bushard, Lizzo Sued By Former Dancers For Sexual Harassment And Hostile Workplace, Forbes, (Aug. 1, 2023, 12:31 PM), https://www.forbes.com/sites/brianbushard/2023/08/01/lizzo-sued-by-former-dancers-for-sexual-harassment-and-hostile-workplace/?sh=7269638c260c.
[4] Cal. Gov’t Code § 12920 (West).
[5] Lauren McCarthy, Former Tour Dancers Accuse Lizzo of Harassment and Hostile Work Environment in Lawsuit, New York Times, (Aug. 2, 2023), https://www.nytimes.com/2023/08/02/us/lizzo-dancers-lawsuit-harassment.html.
[6] Lizzo (@lizzobeeating), Instagram, http://instagram.com/lizzobeeating (last visited Aug. 8, 2023).
[7] Id.
[8] Id.
[9] Miranda Siwak, Lizzo’s Dancers’ Lawyers Aren’t Backing Down with Harassment Suit, Explain Litigation Plans, US Weekly, (Aug. 3, 2023), https://www.usmagazine.com/celebrity-news/news/lizzos-dancers-lawyers-plan-to-litigate-this-case-if-goes-to-trial/.
[10] Cal. Gov’t Code § 12950 (West).
[11] Miranda Siwak, Lizzo’s Dancers’ Lawyers Aren’t Backing Down with Harassment Suit, Explain Litigation Plans, US Weekly, (Aug. 3, 2023), https://www.usmagazine.com/celebrity-news/news/lizzos-dancers-lawyers-plan-to-litigate-this-case-if-goes-to-trial/.
[12] Fisher Phillips, Whats Employers Can Learn from the Lizzo Lawsuit: 3 Tips to Avoid Hostile Workplace Allegations, JD Supra, (Aug. 8, 2023), https://www.jdsupra.com/legalnews/what-employers-can-learn-from-the-lizzo-1685774/.
[13] Chuck Arnold, Lizzo’s career might never recover from explosive allegations, New York Post, (Aug. 3, 2023, 4:18 PM), https://nypost.com/2023/08/03/lizzo-might-never-recover-from-explosive-allegations/.
[14] James Vituscka & Russ Weakland, EXCLUSIVE: Lizzo has been DROPPED from Super Bowl Halftime Show consideration in the wake of dancers’ shocking sexual harassment and abuse claims – as her team frantically scrambles to ‘save her sinking ship’, Daily Mail, (Aug. 11, 2023, 12:27 EDT), https://www.dailymail.co.uk/tvshowbiz/article-12389703/Lizzo-abuse-super-bowl-dropped-save-career-sinking.html
