How Hollywood Reinstates Sexual Harassers Even After They Have Been Identified: The Dilemma of Contract-based Hiring.
Actors, Directors, and Producers in the Entertainment Industries are Contractors, Who Can Be Re-Hired Even After Being Dismissed for Sexual Harassment.
Aziz Ansari, a comedian, writer, and actor, noted for his performances in Parks and Recreation, as well as Master of None, was revealed to have pressured a woman for sex on a casual date. The victim repeatedly signaled her refusal to have intercourse with him, and yet he continued to pressure her until she left. After the incident came to light, Ansari revealed that he had apologized to her personally. However, he also withdrew from public light during the time.
In 2018, Ansari resumed his work as a stand-up comedian, performing live shows. Both Parks and Recreation, and Master of None continued to be broadcast. He even starred in an eponymous Netflix special, titled Aziz Ansari: Right Now, and made guest appearances on select television shows. As of 2022, he is currently producing a feature film called “Being Mortal” [which has been suspended, due to separate complaints against actor Bill Murray]. In short, while the accusations remained, which he did not deny, or attempt to challenge, he continued to maintain an active career in entertainment.
In light of these complaints, Ansari should have been barred from undertaking commercial assignments. However, while he received criticism for his behavior, he did not receive any penalties for it.
A loophole in the entertainment industry enables men like Ansari to continue their professional careers despite allegations of sexual misconduct. Actors, directors, and writers, alongside other staff, unless part of a production company, are essentially contractors. They are not bound to any organization, except for the ones that are collective to the industry, such as the Screen Actors Guild, or the Academy of Motion Pictures and Sciences. In light of any allegations, they may be removed from an individual contract, but they cannot be removed from the industry altogether.
This is the case even after legal proceedings. A member of the entertainment industry who is prosecuted for a crime can return to work if he is offered a contract to do so. The contract itself is binding to only one project, sometimes more, in the case of television shows that are live, or season-based. Effectively, a convicted felon can continue to work in the entertainment industry, even after being convicted of sexual harassment, as a contractor. They cannot legally be forced out of an industry because the entertainment industry is not a corporate body.
Contractual hiring in the entertainment industry is the norm for Hollywood. While production companies have established structures with employees who are mostly producers, directors, actors, writers, and technical staff is essentially not bound to any company. They can be hired by more than one company at a single point in time and can work on more than one project. There are certain limitations stipulated in individual contracts that may require actors to entertain limitations on their work with that particular organization, but not with any other.
In light of this, actors who are known sexual harassers in the entertainment industry can be fired promptly from one project, only to be hired for another within a short period of time.
This is what has enabled men like Louis C.K., to remain working in the entertainment industry despite accusations of sexual harassment. It is what enables men like Justin Bieber to keep making music, despite being accused of rape. The system of contracts in the entertainment industry is touted as one of its’ biggest means of attracting talent but is also a loophole for individuals who should be removed from the industry for predatorial behavior, but aren’t. The imperfect nature of contracts is what retains predators in the industry, with near impunity.
