Harvey Weinstein, Miramax Hit with Sexual Misconduct Class Action

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Harvey Weinstein, The Weinstein Company Holdings LLC and Miramax LLC are facing a class action lawsuit filed by an anonymous actress known only as Jane Doe 1 who says she was denied a movie role after she refused to show Weinstein her breasts.

“The proverbial ‘casting couch’ was Harvey Weinstein’s office of choice, a choice facilitated and condoned by TWC and Miramax,” the class action lawsuit says. “Plaintiff, and hundreds of other female actors like her, found themselves with Weinstein on the casting couch at offices, in hotel rooms, or at rooms at industry functions.”

Doe alleges Weinstein led women to believe that he would help them in their careers and help them land important roles, but instead he isolated them and attempted to engage them in unwanted sexual conduct.

This unwanted conduct took many forms, according to the Harvey Weinstein class action lawsuit, including battering, flashing, fondling, groping, sexual assault, attempted rape and/or completed rape.

Doe alleges Weinstein invited her for a casting session in his private office and allegedly insisted she take off her clothes because “the role required him to review and approve of her breasts.” Alarmed, Doe refused to comply with Weinstein’s demand.

“When Jane Doe 1 continued to refuse, Weinstein angrily inquired whether she knew who he was, told her he could ‘make’ her or ‘break’ her, and that she would ‘never work in this town again,” the Harvey Weinstein class action lawsuit states.

The proposed Class includes: “All women who (i) met with Harvey Weinstein in person to audition for or to discuss involvement in a project to be produced or distributed by The Weinstein Company Holdings, LLC, and/or (ii) before September 30, 2005, met with Harvey Weinstein in person to audition for or to discuss involvement in a project to be produced or distributed by Miramax LLC.”

Doe says that she and the putative Class Members sought careers in the film and/or television industry and knew that Weinstein was a power player in the industry.

“At all times, Plaintiff and the Class operated under duress and the threat of being blacklisted by Weinstein and major film producers such as Miramax if they refused Weinstein’s unwanted sexual advances or complained about his behavior,” the Harvey Weinstein class action lawsuit says.

Even when women were not physically harmed by Weinstein’s sexual behavior, they still experienced emotional distress and suffered injury to their careers, business prospects and reputation, according to the Harvey Weinstein class action lawsuit.

Doe claims that “Weinstein’s widespread sexual misconduct did not occur without the help of others.” She says that other individuals and firms were enlisted to “facilitate and conceal his pattern of unwanted sexual conduct.”

The Harvey Weinstein class action lawsuit asserts claims for violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), civil battery, assault, as well as intentional and negligent infliction of emotional distress against Weinstein and the other defendants.

Doe is represented by Steve W. Berman and Elaine T. Byszewski of Hagens Berman Sobol Shapiro LLP, and M. Cris Armenta and Credence E. Sol of The Armenta Law Firm APC.

The Harvey Weinstein Sexual Misconduct Class Action Lawsuit is Jane Doe 1 v. The Weinstein Company Holdings LLC, et al., Case No. 2:17-cv-08323, in the U.S. District Court for the Central District of California.