The Ninth U.S. Circuit Court of Appeals yesterday, reversed and overturned a District Court order that dismissed, with prejudice, Ashley Judd’s sexual harassment claim against Harvey Weinstein. The District Court dismissed Ashley Judd’s claims for sexual harassment on the ground that her relationship with Weinstein did not fall under California’s sexual harassment law. In its ruling, the District Court had ruled that California law in question, Civil Code §51.9, limits sexual harassment claims to specific business and fiduciary relationships.
The opinion, written by Circuit Judge Mary H. Murguia held that “nothing in the language of section 51.9 … requires a fiduciary relationship,” and “The relationship between Judd and Weinstein was characterized by a considerable imbalance of power substantially similar to the imbalances that characterize the enumerated relationships in section 51.9,” That is, by virtue of his professional position and influence as a top producer in Hollywood, Weinstein was uniquely situated to exercise coercive power or leverage over Judd, who was a young actor at the beginning of her career at the time of the alleged harassment.”
The opinion added that “nothing in the language of section 51.9 … requires a fiduciary relationship,” citing the 2009 decision by Div. Five of this district’s Court of Appeal in C.R. v. Tenet Healthcare Corp.