Employers Beware the Lizzo Lawsuit: What You Need to Know About Hostile Work Environments

You know her name – Lizzo.

For years now, we’ve been enjoying Lizzo’s music, athleisure line, shows, and social media presence. She’s a fierce advocate against racial, body, sex, sexuality, and gender identity discrimination. As well as a talented entertainer. Which is why the allegations that came against her last month – claims of sexual harassment and a hostile work environment – are particularly heartbreaking. 

We know this could be making top headlines for months – or even years – to come. And while everyone is innocent until proven guilty, Lizzo certainly has a battle ahead of her when it comes to getting her reputation back. Both as an employer and as a trusted voice in the entertainment industry. 

And sure, your work environment is likely very different from that of Lizzo’s. But as employers, you’re both subject to the same laws against sexual harassment and hostile work environments. So no matter what the resolution is, there’s a lot you can learn as an employer from this lawsuit. 

So let’s take this opportunity to refresh – What is and isn’t a healthy work environment? And how can you prevent a workplace disaster? Let’s dig in. 

Rumors– 

The allegations against Lizzo and her team

The claims against Lizzo made by her backup dancers are numerous and disturbing. They run the gamut from racial and religious discrimination to body shaming, sexual harassment, and general demoralization of employees. 

Let’s summarize the claims here:

1. Several dancers have accused Lizzo of making comments about their weight. One even accused Lizzo and her team of threatening her job based on her weight gain. Including forcing her to discuss personal and medical matters with them to maintain employment.

2. Employees have stated that Lizzo and her choreographer maintain a culture of Christianity that constitutes religious discrimination. Dancers have said Lizzo’s choreographer specifically shamed them for engaging in premarital sex. They alleged that Lizzo herself engaged in speech and activities intending to encourage non-Christian employees to become Christians. 

3. Employees alleged they were put through a grueling 12-hour “re-audition” after Lizzo made accusations that they were drinking on the job. Two employees said they were then terminated for arguing that the drinking allegations were false. 

4. Employees alleged that Lizzo created a hostile work environment during afterparties and outside-of-work events. She’s said to have taken dancers to nude strip clubs without their consent. They claim that she pressured them to engage with, and touch, the dancers there in ways that made them uncomfortable.

5. Female dancers of color alleged that they experienced hostility and poorer pay structure based on their race and sex.

Not So Special – 

What is a hostile work environment? And are Lizzo and her team guilty of creating one?

As we teach in our trainings at BCHR, – legally speaking, a hostile work environment exists when, “unwelcome conduct is so severe, persistent, or pervasive that it affects an employee’s ability to work.” Verbal, physical, or visual harassment can constitute a hostile work environment. And unlike quid pro quo sexual harassment, it doesn’t have to include a tangible employment action. 

From an HR standpoint, what does this all mean?

Well, if all of the above allegations are found to be true, then it’s definitely likely that Lizzo and her team created a hostile work environment for their employees. 

Let’s take a closer look –

• Visual and physical sexual harassment occurred persistently at the multiple afterparties in which Lizzo reportedly pressured her employees to view performances that made them uncomfortable. And to engage in inappropriate touching with performers. 

• Based on the allegations, it appears that comments about dancers’ weights and appearances were persistent and pervasive as well.

• The excessive commentary on employees’ religious choices could constitute a hostile work environment. 

• An argument could also be made that the intense 12-hour rehearsal that dancers were put through following the allegations of drinking on the job was so severe as to constitute a hostile work environment as well. 

It’s also possible that Lizzo and her team engaged in what is known as quid pro quo sexual harassment. 

Quid pro quo – a Latin term meaning “this for that” – refers to a type of sexual harassment that does include a tangible employment action. And most often involves someone in a position of power. Who in this case, would be Lizzo and her choreographer. 

• The lawsuit states that employees felt obligated to attend the uncomfortable afterparties to keep their jobs or be held in the good graces of their employer. 

This could be considered quid pro quo under the law

Example:  Employees were given better working conditions (tangible employment action) in exchange for attending these events and participating in lewd activities at them. 

Truth Hurts –

Can Lizzo be held liable for her choreographer’s actions?

It’s hard not to notice, when looking through the Lizzo Lawsuit, that some of the allegations don’t mention Lizzo at all. Many instead point the finger at her choreographer, Shirlene Quigley. 

This is an interesting dynamic that begs the question – can an employer be held responsible for the actions of a supervisor? 

The answer is yes. 

If Lizzo knew about the behavior Shirlene was exhibiting and did nothing to stop it, she could indeed be in trouble as well. And while it’s possible that Lizzo didn’t know what was happening, that’s unlikely to help her reputation as an employer even if it helps her legally. 

After all, what’s worse? Knowing something bad is happening and not stopping it. Or having such a poor pulse on your company that rampant sexual harassment is occurring and you have no idea about it? 

When you’re an employer, the buck always stops with you. So it’s important to make sure you’re keeping an eye on the goings on amongst employees in your business yourself.

It’s About Damn Time – 

How Lizzo can fix her employer reputation. And how you can safeguard against similar issues.

We’ve said it before and we’ll say it again – prevention is the best medicine. But sometimes even with the best of intentions, things go awry.

We don’t know what will happen with the Lizzo lawsuit. But no matter what happens legally, Lizzo is going to have a lot of work to do if she wants people to keep working for her and with her. 

Here are some steps she (or you) can take to try and minimize the negative effects of a hostile workplace situation:

1. Train your people well. Especially your supervisors and managers. As hard as it may be to believe, some people don’t know a lot of the behaviors that can be considered harassment. Make sure everyone knows and understands the laws around hostile work environments so that they can monitor what they say and do accordingly.

2. Establish a non-tolerance policy. Yes, harassment is illegal, but you also want to make sure your employees know it’s the direct opposite of your workplace culture. If you don’t already have a no-tolerance policy for harassment, discrimination, bullying, and hostile behavior, then you need to add one to your handbook and have your employees sign off on it. Take any and all opportunities to remind people that harassing behavior is unacceptable and will result in disciplinary action. 

3. Deal with issues swiftly and decisively. If a complaint is made against an employee in your organization, investigate it thoroughly and respond with disciplinary action as appropriate. The policies are worth nothing if they’re not consistently enforced. If and when situations of harassment occur in your company, set an example that will communicate to your other employees that you take their safety and well-being seriously. And that this is not the place to engage in behavior that harms others. If that means terminating an otherwise well-performing employee, so be it. 

We’ll be keeping an eye on this case and keeping you updated, but for now, we urge employers to view this as a cautionary tale. 

Anyone can be the perpetrator or victim of sexual harassment, discriminatory harassment, and/or a hostile work environment. And the cost of not doing anything to prevent or stop these behaviors can be large.

BCHR is equipped to help you prevent, investigate, and handle the perils of hostile work environments. If you’ve got a specific issue you need to discuss, we’ve got you covered. 

Whether you’ve got a one-off question or are in need of some expert HR advice, our brand new service OST (fondly known as “Oh Shit Tips”) is for you! Sign up now to secure your 30 or 60-minute slot to speak one-on-one with your preferred HR consultant.