Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-8bljj Total loading time: 0 Render date: 2024-06-18T07:00:41.206Z Has data issue: false hasContentIssue false

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

from Part III - Role and Purpose of the Corporation and Corporate Combinations in Society

Published online by Cambridge University Press:  15 January 2023

Anne M. Choike
Affiliation:
Michigan State University
Usha R. Rodrigues
Affiliation:
University of Georgia School of Law
Kelli Alces Williams
Affiliation:
Florida State University
Get access

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.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×