7 - Commentary on Agreement between Harvey Weinstein and The Weinstein Company Holdings LLC, as of October 20, 2015

Summary

The #MeToo movement exploded in the wake of Harvey Weinstein’s sexual misconduct while being a director and executive for TWC. Over 100 women have reported abuse or harassment by Weinstein in the course of his employment. Employment Agreements are given great leniency to draft around default rules in many states. As Professor Alexandra Andov describes in her commentary, the terms of Weinstein’s various employment agreements incentivized or sheltered behavior and crimes that harm women. Limited oversight and reporting, expansive indemnification provisions, underinclusive codes of conduct, and overly protective terms of termination contributed to Weinstein’s reign of terror on women around him. Professor Susan Chesler provides a modified employment contract that features narrative theory and “tone from the top” to increase accountability for employees and protection for victims. Drafting employment contracts to achieve these goals is achieved by mandated reporting of all incidents, eliminating indemnification to the wrongdoer for sexual wrongdoing, requiring compliance with investigations, and subjecting termination to cause employees to terminate without the ability to cure instances of sexual misconduct. Chesler’s contract is a starting point for transforming relationships across an entire organization, provide voice for stakeholders, and foster a culture that respects women’s dignity.