Blake Lively's sexual harassment claims against Justin Baldoni tossed out

A federal judge has tossed out Blake Lively’s sexual harassment claims against her "It Ends With Us" costar, Justin Baldoni. 

Dig deeper:

Judge Lewis J. Liman in Manhattan determined that Lively was an independent contractor rather than an employee. 

On that basis, he said she was not entitled to bring sexual harassment claims under Title VII of the Civil Rights Act of 1964. 

That law prohibits employment discrimination on various grounds, including gender.

In an analysis of the sexual harassment claims, the judge said Lively's claims had to be viewed in the context of the movie they were working on.

Had the same conduct happened on a factory floor or in an executive suite, there would be no question that Baldoni’s actions created a hostile work environment. But the judge noted that Baldoni was "acting" in a scene.

FILE - Blake Lively and Justin Baldoni are seen on the set of 'It Ends with Us' on Jan. 12, 2024 in Jersey City, New Jersey. (Photo by Jose Perez/Bauer-Griffin/GC Images)

What they're saying:

"Assuming he was improvising, the conduct was not so far beyond what might reasonably be expected to take place between two characters during a slow dancing scene such that an inference of hostile treatment on the basis of sex would arise. At least in isolation, the conduct was directed to Lively’s character rather than to Lively herself," the judge wrote.

"Creative artists, no less than comedy room writers, must have some amount of space to experiment within the bounds of an agreed script without fear of being held liable for sexual harassment," Liman added.

What's next:

The judge left Lively's two claims of retaliation intact. A trial is scheduled to start on May 18.

Lively’s lawsuit against Baldoni

In 2024, Lively sued Baldoni and several others tied to the "It Ends With Us" film, alleging harassment and a coordinated campaign to attack her reputation for coming forward about her treatment on the set.

Baldoni and production company Wayfarer Studios had countersued Lively and her husband, "Deadpool" actor Ryan Reynolds, accusing them of defamation and extortion. The judge dismissed Baldoni’s claims last June.