{"id":116889,"date":"2018-02-11T16:53:44","date_gmt":"2018-02-11T21:53:44","guid":{"rendered":"https:\/\/breaking911.com\/?p=116889"},"modified":"2018-02-11T16:54:13","modified_gmt":"2018-02-11T21:54:13","slug":"breaking-new-york-attorney-general-files-suit-weinstein-company-harvey-weinstein-robert-weinstein","status":"publish","type":"post","link":"https:\/\/breaking911.com\/breaking-new-york-attorney-general-files-suit-weinstein-company-harvey-weinstein-robert-weinstein\/","title":{"rendered":"New York Attorney General files suit against The Weinstein Company, Harvey Weinstein and Robert Weinstein"},"content":{"rendered":"<p><strong><em>A.G. Schneiderman Files Civil Rights Lawsuit Against The Weinstein Companies, Harvey Weinstein, And Robert Weinstein \/ NEWS RELEASE.<\/em><\/strong><\/p>\n<p><em>Four Month Investigation Reveals New and Egregious Examples of Sexual Misconduct By Harvey Weinstein and Repeated Violations of New York Law By Company Officials That Endangered Employees<\/em><em>\u00a0<\/em><\/p>\n<p><em>\u00a0AG\u2019s Lawsuit Alleges Company Executives and Board Repeatedly Failed to Protect Employees From Then-CEO Harvey Weinstein\u2019s Unrelenting Sexual Harassment, Intimidation, and Discrimination<\/em><\/p>\n<p><em>AG Files Lawsuit to Ensure Victims Will Be Compensated, Employees Will Be Protected Moving Forward, and Parties Responsible For Egregious Misconduct Will Not Be Newly Empowered As Part of Any Future Sale<\/em><em>\u00a0<\/em><\/p>\n<p>NEW YORK \u2013 New York Attorney General Eric T. Schneiderman today filed suit against The Weinstein Company (\u201cTWC\u201d), Harvey Weinstein, and Robert Weinstein for egregious violations of New York\u2019s civil rights, human rights, and business laws.\u00a0<a href=\"https:\/\/ag.ny.gov\/sites\/default\/files\/weinstein_company.pdf\">The suit<\/a>, filed today in New York County Supreme Court, includes new and extensive allegations about longtime company CEO Harvey Weinstein\u2019s (\u201cHW\u201d) vicious and exploitative mistreatment of company employees. Today\u2019s suit includes numerous employee-victim accounts of sexual harassment, intimidation, and other misconduct.<\/p>\n<p>According to the Attorney General\u2019s (\u201cOAG\u201d) lawsuit, despite many complaints to TWC\u2019s human resources department and widespread knowledge across the company\u2019s leadership of HW\u2019s persistent misconduct, TWC executives and the Board repeatedly failed to take meaningful steps to protect company employees or curb HW\u2019s misconduct.<\/p>\n<p>\u201cAs alleged in our\u00a0complaint,\u00a0The\u00a0Weinstein Company repeatedly broke New York law by failing to protect its employees from pervasive sexual harassment, intimidation, and discrimination,\u201d\u00a0said\u00a0<strong>Attorney General Schneiderman<\/strong>.\u00a0\u201cAny\u00a0sale of\u00a0The\u00a0Weinstein Company must ensure that victims will be compensated, employees will be protected going forward, and that neither perpetrators nor enablers will be unjustly enriched. Every New Yorker has a right to a workplace free of sexual harassment, intimidation, and fear.\u201d<\/p>\n<p>Today\u2019s lawsuit is the result of an ongoing four month investigation by the Office of the Attorney General (\u201cOAG\u201d). The investigation included interviews with multiple company employees, executives, and survivors of Harvey Weinstein\u2019s sexual misconduct. The investigation also included an exhaustive review of company records and emails.<\/p>\n<p><u>Specific examples of HW\u2019s harassment, intimidation, assault, and a hostile work environment alleged in the complaint include, among many others<\/u>:<\/p>\n<ul>\n<li>HW told several employees throughout the relevant time period that, in substance, \u201cI will kill you,\u201d \u201cI will kill your family,\u201d and \u201cYou don\u2019t know what I can do,\u201d or words to that effect.\u00a0HW touted his connection to powerful political figures and asserted that he had contacts within the Secret Service that could take care of problems.<\/li>\n<li>At HW\u2019s direction,\u00a0\u201cTWC employed\u00a0<strong>one group\u00a0<\/strong><strong>of female employees<\/strong>\u00a0whose primary job it was to accompany HW to events and to facilitate HW\u2019s sexual conquests\u2026These women were described by some witnesses as members of HW\u2019s TWC \u201croster\u201d or his \u201cwing women.\u201d\u00a0One of the members of this entourage was flown from London to New York to teach HW\u2019s assistants how to dress and smell more attractive to HW\u2026\u201d<\/li>\n<li>A\u00a0<strong>second group of predominantly female employees\u00a0<\/strong>served as his assistants. HW\u2019s assistants were compelled to take various steps to further HW\u2019s regular sexual activity, including by contacting \u201cFriends of Harvey\u201d and other prospective sexual partners via text message or phone at his direction and maintaining space on his calendar for sexual activity.<\/li>\n<li>A\u00a0<strong>third group of predominantly female TWC employees<\/strong>\u2013\u00a0<strong>a group of female executives<\/strong>\u00a0\u2013 also were forced to facilitate HW\u2019s sexual conquests.\u00a0These female employees\u2019 job responsibilities should have been confined to using their expertise to help TWC produce films and television projects.\u00a0Yet despite their skills and stated job responsibilities, HW required them to meet with prospective sexual conquests in order to facilitate HW\u2019s sexual activity, and to follow through on HW\u2019s promise of employment opportunities to women who met with HW\u2019s favor.\u00a0This compelled service demeaned and humiliated them, contributing to the hostile work environment.\u201d<\/li>\n<li>As one [female] executive reported to TWC\u2019s Human Resources department: \u201conly female executives are put in these positions with actresses with whom HW has a \u2018personal friendship,\u2019 which to my understanding means he has either had or wants to have sexual relations with them. Female Weinstein employees are essentially used to facilitate his sexual conquests of vulnerable women who hope he will get them work.\u201d\u00a0TWC took no steps to investigate these allegations or to prevent future recurrence of such conduct.<\/li>\n<li>HW made\u00a0<em>quid pro quo\u00a0<\/em>offers or demands of sexual favors in exchange for career advancement at TWC, or to avoid adverse employment consequences at TWC.<\/li>\n<li>On one occasion in 2015, HW asked a female TWC employee to go to his hotel room at the end of the day to set up his phone and devices for the next day or some other alleged work reason (work that TWC employees referred to as \u201cturndown service,\u201d and that was generally assigned to female TWC employees). Upon her arrival at HW\u2019s hotel room, HW appeared naked under a bathrobe and asked the employee for a massage.\u00a0When the employee said no, HW cajoled, badgered, and insisted until she relented and, against her wishes, submitted to massaging him out of fear of employment-based retaliation by HW. The incident was reported to Human Resources and to executives and Board members of the company in November 2015, but TWC took no action to formally investigate the complaint, to protect employees from HW, or to prevent future recurrence of such conduct.<\/li>\n<li>On other occasions in 2014 and 2015, HW exposed himself to a female employee and made her take dictation from him while he leered at her, naked on his bed.\u00a0That same employee described how HW would insist that she sit next to him in the back seat of his chauffeured vehicle and would place his hand on her upper thigh and buttocks near her genitalia and rub her body without her consent.\u00a0When she attempted to place bags or other barriers between them to make it harder for him to reach her, he moved the barriers or repositioned himself so that the unwelcome sexual contact could continue.\u00a0This employee, and other TWC employees, believed that they would face adverse employment consequences unless they acquiesced to such demands.<\/li>\n<li>On one occasion, HW asserted that he might have to fire a female employee because his daughter (for whom the employee was providing assistance at HW\u2019s direction) was angry with her, and he asked the employee what she was \u201cprepared to do\u201d to keep her job \u2013 a proposition that the female employee understood was a demand for\u00a0<em>quid pro quo\u00a0<\/em>sexual activity.\u00a0The employee quit rather than submit to the demand for sex in exchange for continued employment.<\/li>\n<li>HW\u2019s assistants were exposed to and required to facilitate HW\u2019s sex life as a condition of employment.<\/li>\n<li>HW required his assistants to schedule \u201cpersonals\u201d for sexual activity both during the workday and after work.\u00a0Upon arranging a \u201cpersonal,\u201d assistants were required to clear or adjust any and all other scheduled plans which potentially conflicted with the \u201cpersonal.\u201d<\/li>\n<li>Assistants possessed copies of a document known as the \u201cBible,\u201d an assistant-created guide to working for HW which was passed down through Assistants. The document sat in hard copy on several Assistants\u2019 desks, and was accessible to and known to exist by some TWC executives.\u00a0The Bible included information about HW\u2019s likes and dislikes, and a list of his \u201cfriends\u201d with directions for assistants on how to arrange HW\u2019s extensive and frequent \u201cpersonals.\u201d<\/li>\n<li>HW\u2019s drivers in both New York City and Los Angeles were required to keep condoms and erectile dysfunction injections in the car at all times, in order to provide them to HW as needed.<\/li>\n<\/ul>\n<p><u>Specific allegations of misconduct by company management include, among others:<\/u><\/p>\n<ul>\n<li>On more than one occasion, upon forwarding a complaint or information about a complaint to the COO, the Human Resources Director was not involved in any investigation or resolution process.\u00a0Based on documents obtained by the OAG to date, such matters were handled by the COO and other members of TWC senior management, as well as counsel retained to contact victims of misconduct.<\/li>\n<li>On numerous occasions during the relevant time period, victims of HW\u2019s misconduct complained to the Human Resources Director or to other TWC management about various aspects of the conduct described herein.\u00a0On no occasion was HW subject to a formal investigation, nor to restrictions on his behavior or adverse employment consequences, as a result of any complaint.<\/li>\n<li>Evidence gathered during the course of the investigation reflects that the Human Resources Director was not empowered to take any steps address HW\u2019s ongoing sexual harassment of female employees.<\/li>\n<li>On certain occasions when individuals did complain to Human Resources, those complaints were not treated confidentially and investigated.\u00a0For example, on one occasion, an assistant to HW wrote an email to Human Resources complaining of certain misconduct by HW. Soon thereafter, the assistant, who had access to HW\u2019s email account due to her role at TWC, saw that her complaint had been forwarded directly to HW via HW\u2019s email account.<\/li>\n<li>On several occasions when TWC employees complained about serious misconduct by HW, TWC took steps to separate the employee from the company while securing an NDA that would prevent the employee from disclosing the misconduct to others or warning others about the misconduct.<\/li>\n<li>Robert Weinstein (\u201cRW\u201d), as co-owner, co-Chairman, and co-CEO, was responsible for maintaining a safe workplace, free of sexual harassment and other unlawful conduct.\u00a0Yet instead of doing so, RW acquiesced in allowing HW to create a hostile work environment and engage in sexual misconduct that was known to him, or which he was responsible for preventing.<\/li>\n<li>RW also received by email in late 2014 and 2015, and was otherwise informed of, claims of repeated and persistent sexual harassment and misconduct, yet he took no measures to investigate further the claims of misconduct, to terminate HW\u2019s employment, to restrict or prohibit HW from supervising women or having or seeking sexual contact with TWC employees or women seeking to do business with TWC, from having private meetings with employees or women seeking opportunities in hotel rooms or TWC office space, or any other concrete measure that may have prevented HW\u2019s ongoing misconduct.<\/li>\n<li>In response to the information obtained from TWC management, independent Board members sought to obtain access to HW\u2019s personnel file so that counsel representing the Board could use the personnel file and other information to evaluate whether the Board would recommend renewal of HW\u2019s contract.\u00a0 HW resisted the independent directors\u2019 efforts to obtain a copy of his personnel file and otherwise investigate misconduct, on the purported grounds that the contents of the file would be leaked to the press if disclosed to the Board.\u00a0 There was no basis for this claim; instead, HW sought to prevent access to his personnel file to avoid discovery of the extent of his own misconduct.\u00a0 A majority of the Board refused to back the independent Directors\u2019 efforts to obtain HW\u2019s personnel file; thus, efforts that may have resulted in discovery of at least a portion of HW\u2019s misconduct were not undertaken by the Board.<\/li>\n<li>HW\u2019s contract extension also contained an unusual provision that effectively monetized, rather than prohibited, ongoing acts of sexual harassment and misconduct.\u00a0In particular, it stated that, if TWC had to \u201cmake a payment to satisfy a claim that you [i.e., HW] have treated someone improperly in violation of the Company\u2019s Code of Conduct,\u201d he would face escalating financial penalties: $250,000 for the first such instance, \u201c$500,000, for the second such instance, $750,000 for the third such instance, and $1,000,000 for each such additional instance.\u201d<\/li>\n<li>This contract contained no provision for any penalties if HW personally covered the costs of any payments necessary to satisfy claims of improper treatment, and it provided for no adverse employment consequences in the event that one, two, three, or even four or more such payments had to be made by TWC and\/or HW as a result of HW\u2019s sexual harassment or misconduct.\u00a0Thus, pursuant to HW\u2019s employment contract, HW could continue engaging in sexual harassment and misconduct with impunity, provided that he paid the costs of any settlements and that he avoided disclosure of misconduct that might risk causing \u201cserious harm to the company.\u201d<\/li>\n<\/ul>\n<ul>\n<li>Board minutes reflect that the Board ratified HW\u2019s new employment contract unanimously.\u00a0No future efforts were undertaken by the Board to investigate HW\u2019s misconduct or TWC\u2019s practices concerning that conduct until HW\u2019s termination in October 2017.<\/li>\n<\/ul>\n<p>As detailed above, according to OAG\u2019s investigation, none of the voluminous complaints filed with TWC Human Resources resulted in meaningful investigation or relief for victims, or consequences for HW. Instead, TWC Human Resources variously claimed there was \u201cnothing\u201d that could be done to address the misconduct; immediately informed HW of the complaint, thereby facilitating retaliation by HW against the complainant; or helped facilitate swift departure of the complainant from the company in connection with a settlement that contained an NDA at the direction of the HR Director\u2019s superiors.<\/p>\n<p>TWC\u2019s culture of harassment and intimidation remained shrouded in secrecy because of HW\u2019s and TWC\u2019s practice of securing silence through Non-Disclosure Agreements (\u201cNDAs\u201d) that prohibited individuals from speaking about their experiences at TWC.\u00a0In October 2017, Attorney General Schneiderman opened an investigation after initial reports regarding HW \u2013 using the Attorney General\u2019s investigative authorities, including investigative subpoena power, to begin removing that shroud of secrecy.<\/p>\n<p>While the Attorney General\u2019s investigation remains ongoing, OAG is bringing suit today to seek court intervention in light of its investigative findings to date and the reported imminent sale of TWC \u2013 which OAG has a substantive basis to believe would leave victims without adequate redress, including a lack of a sufficient victims compensation fund. OAG also believes that the proposed terms of the sale would allow the perpetrators or enablers of the misconduct to see a windfall, and allow top officials at TWC who share responsibility for the misconduct to serve in executive positions of the new entity \u2013 where they would again oversee the adjudication of HR complaints, including those of sexual harassment, intimidation, and assault.<\/p>\n<p>Those who believe they were victims of or witnesses to the misconduct described in the complaint should call the Civil Rights Bureau hotline at 212-416-8250 or\u00a0<a href=\"mailto:Civil.Rights@ag.ny.gov\">Civil.Rights@ag.ny.gov<\/a>.<\/p>\n<p>The Civil Rights Bureau of the New York State Attorney General\u2019s Office is committed to combating gender discrimination and sexual harassment faced by women across all industries.\u00a0The Civil Rights Bureau encourages those who encounter such conduct to contact the office at 212-416-8250 or\u00a0<a href=\"https:\/\/mymail10.ag.ny.gov\/owa\/redir.aspx?C=G43BY8mDXxJWhj7PDQduqsREhDlJY7ErAwinL2vdCD7sT4DHh3HVCA..&amp;URL=mailto%3aCivil.Rights%40ag.ny.gov\" target=\"_blank\" rel=\"noopener\">Civil.Rights@ag.ny.gov<\/a>.<\/p>\n<p>This case is being handled by Howard Master, Senior Enforcement Counsel, and by Anjana Samant, Assistant Attorney General, and Amanda Addision, volunteer Assistant Attorney General, in the Civil Rights Bureau. Lourdes Rosado is the Chief of the Civil Rights Bureau.\u00a0The Civil Rights Bureau is part of the Division of Social Justice, which is led by Executive Deputy Attorney General Matthew Colangelo.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A.G. Schneiderman Files Civil Rights Lawsuit Against The Weinstein Companies, Harvey Weinstein, And Robert Weinstein \/ NEWS RELEASE. Four Month Investigation Reveals New and Egregious Examples of Sexual Misconduct By Harvey Weinstein and Repeated Violations of New York Law By Company Officials That Endangered Employees\u00a0 \u00a0AG\u2019s Lawsuit Alleges Company Executives and Board Repeatedly Failed to [&hellip;]<\/p>\n","protected":false},"author":5409,"featured_media":116891,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_publicize_message":"","jetpack_is_tweetstorm":false,"jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":[]},"categories":[1,54,36],"tags":[],"jetpack_publicize_connections":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v21.1 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>New York Attorney General files suit against The Weinstein Company, Harvey Weinstein and Robert Weinstein - Breaking911<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/breaking911.com\/breaking-new-york-attorney-general-files-suit-weinstein-company-harvey-weinstein-robert-weinstein\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"New York Attorney General files suit against The Weinstein Company, Harvey Weinstein and Robert Weinstein - Breaking911\" \/>\n<meta property=\"og:description\" content=\"A.G. Schneiderman Files Civil Rights Lawsuit Against The Weinstein Companies, Harvey Weinstein, And Robert Weinstein \/ NEWS RELEASE. Four Month Investigation Reveals New and Egregious Examples of Sexual Misconduct By Harvey Weinstein and Repeated Violations of New York Law By Company Officials That Endangered Employees\u00a0 \u00a0AG\u2019s Lawsuit Alleges Company Executives and Board Repeatedly Failed to [&hellip;]\" \/>\n<meta property=\"og:url\" content=\"https:\/\/breaking911.com\/breaking-new-york-attorney-general-files-suit-weinstein-company-harvey-weinstein-robert-weinstein\/\" \/>\n<meta property=\"og:site_name\" content=\"Breaking911\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/Breaking911\" \/>\n<meta property=\"article:published_time\" content=\"2018-02-11T21:53:44+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2018-02-11T21:54:13+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/breaking911.com\/wp-content\/uploads\/2018\/02\/171014162657-harvey-weinstein-1280x720.jpg\" \/>\n\t<meta property=\"og:image:width\" content=\"1280\" \/>\n\t<meta property=\"og:image:height\" content=\"720\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"T. 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