Sexism

Can They Do This? Should They Do This? ACLU Takes On Hollywood

The ACLU is going after Hollywood... I wonder how that'll work out.

By Kathryn Rubino on May 13, 2015 2:02 pm

There is such a thing as a moment — striking while the iron is hot, if you will. There seems to be building momentum in Hollywood regarding gender discrimination. The Sony leaks brought into stark relief the reality of the wage gap, as the world learned Jennifer Lawrence got paid far less than her male co-stars.

Then Patricia Arquette won an Oscar for Best Supporting Actress. Instead of easily forgettable, however heartfelt, thank yous, she made gender inequality a central theme of her acceptance speech saying, “It’s our time to have wage equality once and for all, and equal rights for women in the United States of America.”

And these are just the examples of famous people, the household names that are affected by a culture of sexism. Think about that — it doesn’t matter how good you are at your job, what awards you receive, or how many Twitter followers you amass, women in Hollywood still have to deal with this nonsense. But even more is going on — behind the camera, women have also been subjected to troubling amounts of sexism. Take for example the Shit People Say To Women Directors Tumblr account. There you’ll find a collection of stories women have posted about the rampant sexism in the film industry. From people — that work for you — assuming you don’t have the job you actually have.

I’m a Director and was working on a kids show

I walked into holding looking for my lead. The studio teacher stepped in front of me (blocking me) and said, “Sorry, they don’t want them disturbed right now.” I went to speak, but before I could he asked, “Which one is yours?” I said, “None of them. I’m the director.“ He rolled his eyes and said, “Sure.”

I wanted to stab him in his narrow minded face.

To downright troubling sexual harassment.

Secret Camera on Set

I was 1st Assistant Director on a project featuring a (male) Director who had no idea what he was doing. He wrote in a sex scene so he could see the lead actress nude and placed in his personal camera to film the thing secretly while we filmed it on camera A.

I found the secret camera and stood in front of it the entire time.

After we wrapped, the Director declared that I deserved to have my “c*nt ripped off” while his wife, the Production Manager, cut checks and cried in the hallway.

And now the ACLU has decided to get involved. Yesterday, the ACLU of Southern California and the national ACLU Women’s Rights Project sent letters to state and federal authorities requesting a formal investigation into the film and television industry’s seeming inability to hire female directors.

And despite the reputation of Hollywood as a bastion of liberal ideology, the ACLU made clear that isn’t going to be enough to sweep this problem under the rug.

Hollywood employers don’t get a free pass to violate civil rights laws. The industry as a whole has been and remains generally very responsive and supportive of civil rights movements, but it hasn’t done enough to own up to and address this glaring civil rights problem it has created and perpetuates.

This is all well and good, but how much actual change can a civil rights investigation actually bring about? Well, as the New York Times reports, there have been other attempts to investigate and punish Hollywood for discriminatory practices. Unfortunately, those failed.

What the A.C.L.U. is requesting has precedent. In the 1960s, the federal Equal Employment Opportunity Commission held hearings about Hollywood and asked for the intervention of the Justice Department, which in turn found employment discrimination. A settlement was reached with the Association of Motion Picture and Television Producers and several unions: Remedial measures included employment referrals for minorities, although not women specifically, and the A.C.L.U. said enforcement measures sputtered and ultimately failed.

Well, that is the opposite of encouraging.

The reality is there are legal and practical obstacles that may stymie any kind of enforcement effort. Actually, all kinds of gender discrimination cases are tough to win — just ask Ellen Pao. But the difficulties are only compounded in an industry that is based on a hard-to-measure metric like artistry and is riddled with independent contractors (as opposed to full-time employees).

Despite this dour outlook, some legal experts still think a positive outcome may result, though it isn’t likely to be from a consent decree.

A broader effect could result from the A.C.L.U., government agencies and the public simply putting pressure on studios and networks, in an industry that has long prided itself on being progressive.

“I’m sure the studios don’t want a black eye,” said Charles A. Sullivan, who teaches law at Seton Hall University. “Even an investigation might be a black eye.”

So if you’re a “glass half full” kinda person, go ahead and be cautiously optimistic over this. Otherwise, let’s wait and see how this whole thing pans out.

A.C.L.U., Citing Bias Against Women, Wants Inquiry Into Hollywood’s Hiring Practices [New York Times]
ACLU asks state and federal civil rights agencies to investigate gender discrimination in Hollywood [ACLU of Southern California]
Shit People Say To Women Directors & Other Women In Film [ShitPeopleSayToWomenDirectors]