'All the Truth I Could Tell': A Discussion of Title VII's Potential Impact on Systemic Entertainment Industry Victimization

46 Pages Posted: 13 Feb 2018 Last revised: 8 May 2018

See all articles by Nikki R. Breeland

Nikki R. Breeland

University of Mississippi, School of Law, Students

Date Written: January 18, 2018

Abstract

There has been a distinct rise in sexual assault allegations within the Entertainment Industry in recent years. The culture of the industry, the nature of entertainment contracts, and the abuse of the non-disclosure agreement are to blame for this rampant abuse of vulnerable entertainers. This Article focuses on the contractual prisons in which sexually abused entertainers find themselves when they attempt to part ways with their employers. Using prevailing equitable remedies in conjunction with the feminist contract theory of context and subjectivity can help alleviate some of the pressure on abused entertainers attempting to “breach” their contracts. While Title VII has been used in employment law, it has yet to be applied in the context of entertainment contracts. Using this novel approach, Title VII can put entertainment-based employers on the defensive by allowing intentional sexual torts to count as the first contract breach. One thing is for certain: something must be done to combat this culture of sexual assault within the Entertainment Industry.

Keywords: Entertainment, Music, Film, Entertainment Law, Employment Law, Title VII, Contract Law, Sexual Assault, Harassment, Damages, Tort Law, Intentional Sexual Torts, Statute of Limitations, Media, Safe Work Environment, Employee Relationships, Vicarious Liability, Contract Breach, Equitable Remedies

JEL Classification: K10, K12, K13, K14, K31, J16, J18, J28, J81, J83, J88, L14, L82

Suggested Citation

Breeland, Nikki R., 'All the Truth I Could Tell': A Discussion of Title VII's Potential Impact on Systemic Entertainment Industry Victimization (January 18, 2018). UCLA Women's Law Journal, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3106284 or http://dx.doi.org/10.2139/ssrn.3106284

Nikki R. Breeland (Contact Author)

University of Mississippi, School of Law, Students ( email )

MS 38677
United States

HOME PAGE: http://mississippilawjournal.org/nrbreeland/

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