People don't understand this isn't about the harassment; this is about retribution for complaining about harassment. Far too many women in Hollywood are expected to tolerate harassment as a condition of their employment. I witnessed this myself many times working in the entertainment industry for 20 years. I work in a below the line post-production job, I'm one step above a machine in 'the industry' but I've seen how women are treated, especially attractive women who work 'above the line'. Some of the most blatant examples were a group of commercial producers who cast voice-over roles using headshots and only bring back the actresses who flirted back and/or wore the tightest skirt. Unfortunately in Hollywood, there's plenty of desperate 20 something actresses willing to flirt back with overweight producers twice their age to get roles and that it's just accepted. They do what they have to for roles. That's why I'm happy things are changing. Good for Eliza Dushku fighting back. Michael Weatherly might not have thought he was doing anything wrong, but that's exactly the point. It's so prevalent in Hollywood no one even bats an eye. It's expected if Ms. Duskhu wanted a role on a big show she needed to flirt with the boss. No flirting, they'll bring in another hot actress who will flirt with the boss.
38
Whether at McDonald’s, a call center, or a TV set, you’re still at work. Conduct yourself accordingly.
17
For god's sake people, she went to management with concerns and she was fired within days. The guy admits he said all of the things she says he said. Your phony outrage over your loss of privilege to make rape jokes and creep on about a threesome is falling on deaf ears here. This is HR 101.
61
How about if we start paying out money to every living person alive who has been verbally mistreated and can allege their career was cut short or didn't advance to what they "thought" they'd achieve.?
The amount needed for get "justice" would be what in dollars?
What comes after a trillion?
I'm sure our trial lawyers would know the math.
6
@Kevin O'Reilly Good strategy Kev. Don't bother arguing the merits of the article or the law, just make grandiose blanket statements not based in fact in order to make yourself feel better. Thanks for expressing publicly your disdain for our court system and the rule of law.
41
Shouldn't the headline read "CBS Paid the Actress Eliza Dushku $9.5 Million to settle wrongful dismissal related to sexual harassment"
50
NYT: Can you please correct the headline? She didn’t get money for harassment claims, she got it because she was illegally fired.
Thank you.
73
I see this as a closed mater; an agreement/settlement between two parties who each prefer to keep the details private. As the rules of decorum shift, there will be moments like this when sensibilities clash. Writing her off the show was the mistake and CBS should pay. But this is not a #metoo moment — it’s a wrongful termination case. Weatherly has no history, there are no other women stepping forward and Dushku was never touched or approached in private. I don’t begrudge her the money. She should have it. And Weatherly should watch himself better. But no one was attacked, manipulated, abused, or even harassed. If sponsors pull ads and hundreds of cast and crew members working the Bull show lose their jobs all because Weatherly is wrongly lumped in with Weinstein and Moonves, that is wrong. It will be an example of #metoo as a knee jerk/reactive movement rather than an informed political position.
10
When is it personal or just acting? While dominant flirtatious attributes in movie and tv characters have always seemed purposely empty, objectionable and a bit slimy to me they apparently have consistent appeal to viewers. For instance, Weatherly’s NCIS character ‘Denozo’ and his dad played by Robert Wagner seemed empty and caddish but a less offensive self-reflective pathos expanded and deepened their characters over time. Weatherly in ‘Bull’ is apparently again cast as a flirt or even a ‘cad.’ His ‘me-too’ qualifying behavior that made the the survivor feel uncomfortable occurred only while cameras were rolling and at the end of season cast party as he called the person ‘beautiful.’
In considering the survivor’s description of feeling uncomfortable, recall how George C. Scott carried a riding crop around and acted ‘in character’ 24 hours on and off the set while filming ‘Patton.’
The on-set issue of uncomfortableness seems ‘professional’ meaning the actor may have become uncomfortable with her character and the character played by another actor. Such issues require serious decisions. Yet if no similar behavior that made her uncomfortable happened in private or away from the cast and set I might side with CBS and Weatherly.
4
I'm 77 years old and when I was in the workforce there was no such thing as sexual harassment. One learned to dodge it, to make a joke out of it and to tap dance real fast! Then, a couple of decades later things started to change in favor of the woman. It was a good change. Then they kept changing and now they're to the point where everyone is afraid to crack a joke. In my opinion, I think that some women are taking advantage of the laws and lining their pockets with a scream of sexual harassment. Many don't really know what sexual harassment really is. They never really lived through it. This is not to say that it doesn't happen. It does. But, maybe, just maybe, we've swung the pendulum just a little too far. One shouldn't ruin another person's life and reputation because of an off color remark, especially if the person apologizes for the remark.
18
btw. weatherly probably makes 1 million plus per episode.
maybe the producers and cbs should be able to assume he can behave properly for that paycheck. trust me, a guy carrying a network show gets treated like a king. there is NO reason to be anything but professional and polite.
13
Good for her. She shouldn't be subjected to this kind of nonsense at a work place. But she is in a profession where the monetary rewards are very high. How many women have suffered this kind of loutish behavior and either had to leave their jobs or suffered in silence because they had no recours? The poor waitress who has to suffer through a shift and maintain her dignity or the assistant in a secretarial job who must smile and take it. Myriad sad and untold stories.
8
I thank the New York Times for including the comments made to Dushku and for not going the insultingly squeamish path many news accounts have taken in recent times when reporting on sexually harassment at work. We need to know what offenders have said in order to judge situations for ourselves.
I'm no prude and enjoy salty -- but never personally offensive-- joking with friends but what was said to Dushku was horrendously insulting and demeaning, and they didn't stop. Of all the people around, no one was decent enough to shut Weatherly down. And it was who she forced to pay the price. No matter how many zeros where in her settlement check, it can never restore this great career promise of ongoing work in a major production in a profession where working on one high-visibility job is the best, or only, path to garnering more of them.
The insults in Weatherly's words may never fully disappear for Dushku, nor such feelings as fury and helplessness whenever something going forward triggers the memories. And, almost guaranteed, it will. A career stunted because someone else sexually demeans you is the worst kind of raw deal and no one should be defending any so-called culture of safety and respect at CBS, or even pretending it exists.
14
Many readers assume that Ms. Dushku was fired from a job that is supposed to last 4 years. But in reading this news article, it is unclear whether the 4 year offer was ever in writing. They were going to develop that into a 4 year role, but for a variety of reasons, when that did not happened, she sued. Ms Dushku managed to hit the jackpot because it happened just as the me too movement had its greatest impact on the entertainment industry.
As I read this article, I am reminded of the character of Tom Keen in Blacklist. Tom Keen was supposed to die in the first episode. But because the actor who played that role was well received, he lasted about 4 seasons, and finally died in 2017 so that he can be the lead in another show. I am now waiting to out the Reddington character played by James Spader is really a woman pretending to be a man for several decades.
4
Ms. Dushku’s claim is based on contract law and she received benefit-of-bargain damages, that is she was placed in the position she would have been in had the contract been fully executed on both sides. She negotiated a five-year contract during which she was committed to act and assist in character development, etc., which she was ready to fulfill had she not been let go. She had proof of that as well communications indicating why she was terminated. When she was terminated, it was for an invalid reason (she complained about directed sexual comments from a colleague). The damages are not based on her shedding a $9.5 million tear (and really people commenting about the dollar amount should take the time to understand what a contract is and what types of conduct and comments are impermissible in a workplace). Personally, I wish she had a valid tort claim because then punitive damages may have been available against not only the production company and CBS but also Mr. Weatherly personally. Unfortunately, his only reckoning for his behavior will come if his show doesn’t survive this scandal. Rather than ridicule her, she should be complimented on effectively handling the situation. What she was able to do is something everyone should have access to no matter their income level. Instead what most women suffer through is instability, loss of income and advancement and diminished future opportunities and earnings.
17
@MidAtlantic Reader
For someone who pretends to be a lawyer, this is sad. First, it was 4 years, not 5. Second, she had no contract. Third, she did have a valid tort claim. Fourth, you can get punitive damages for breach of contract.
3
Read her filmography on IMDB; not exactly an ingenue. This may be her finest work to date: recognizing when to monetize an opportunity with a reeling CBS. We now know the going price for "uncomfortable".
9
@Mike Connors
And the going cost to CBS for credible complaint. Plenty of opportunism to go around, here. Follow the hush money.
1
@Mike Connors You didn't read the article. She didn't get the money for being "uncomfortable." She got it because, after she complained, they wrote her out of the series.
27
I am a middle-aged woman and have had several encounters with men, either in the workplace or regular environments, just like everyone else. If I had a $1.00 for every man that said something that was inappropriate, I'd be richer than Bill Gates; that's not because I'm beautiful, it's because I'm a woman.
There is a boundary, I agree! However, just saying something that is not really something you should say to a woman, does not mean you should get 10 million dollars or put these men in jail and ruin their lives and/career because of a woman who just thinks that it is not right, is really wrong, in my opinion.
I'm not saying a woman should put up with harassment, I am not! But there are limits and consequences to someone's life when you are accusing someone. There is taking it too far and there is justifiable harassment. I have been in the justifiable harassment a few different times in my life, unfortunately, and I did not do anything about it; and that is my own fault, so please, when you are accusing someone please think about the consequences unless it is a legitimate, justifiable accusation
7
I've found that an effective response to boorish behavior is to look at the offending person and say, "I'm sure your mother taught you not to talk like this. What would she say?" It turns the tables and forces bad actors (pun maybe intended) to reflect on who, at their core, they really want to be. Of course, it only works if you haven't been guilty of doing or condoning what you now find offensive. Moral of the story: always act in ways that wouldn't mortify the people who raised you.
5
CBS wants to show its heart is in the right place -- pardon the metaphor -- release her from the NDA.
5
@Sisyphus
Haha that's hilarious! And already been done by Moonves and the NYT.
1
Apparently, many, maybe most commenters didn't read past the headline, and it really is a misleading headline. Eliza Dushku didn't get $9.5 million because of the harassment claim. She got it because after she complained they wrote her out of the series. Read! Consider. Comment. Please, no knee-jerk responses to a headline. I would bet the authors of the article didn't write the headline. They rarely do.
28
Readers take a look at the precise description of the 'crime' this woman allegedly experienced and then got a $9+ million extortion payment for - then reflect on the NY Times et al accusations and insults about of how vice president Pence is being too paranoid by refusing to eat with a woman not his wife. Or for that matter now a days any man for not wanting to be alone in a room with a woman that works for the same employer that he does! And it should be obvious that the fact that someone 'apologized' for her white upper-class entitled sense of privilege to be protected from hearing anything that she does not like or agree with means nothing. Our jails are full of innocent people bullied into pleading guilty to either everyone does it crimes or crimes invented to describe their behavior, who "confess" for the same reasons that the millions killed and jailed during China's cultural revolution did. They just want the accusations, interrogations and media blown up slander killing their reputations, destroying their future job opportunities and families to stop. Most telling, however, is the cluelessness of this reporter evidenced by the inclusion of the alleged abuse this person experienced as a child, which is a red flag the size of the empire state building that she is a thin-skinned, neurotic grievance hunter who unfortunately due to the current anti male Inquisition and her upper class 1% white privilege has been given a license to kill any man she chooses.
6
She got the payment because she was FIRED FROM HER JOB FOR COMPLAINING. Not because she was offended. Go back and read the article (the headline is ridiculously misleading).
21
Wow. Nearly 10 million for a being offended by some off color jokes! Sign me up!
8
To quote Anita Larson's earlier comment "The $9.5 million was not for his behavior, it was for lost wages for her unlawful termination. It is illegal to fire a whistleblower."
26
@Reader and lost her gig worth potentially 10m (Hollywood) and might not get hired for future projects because of it.. I dunno Reader... stuff like that is hard to gauge in that industry.
7
@Reader
Give me a break. That's pennies to a top ten broadcast network show. Dushku's career was harmed and she was put under significant stress because of Weatherly's behavior. She deserved much more. She lost her job for telling a more powerful cast member that his truly offensive comments of a sexual nature were inappropriate and unwanted. CBS should have had to pay until it was enough to change the way that they handled such complaints. It did not.
What too many men and not a few women fail to comprehend or consider is that it's not a few moment's annoyance at a rude comment. Sexual harassment is debasing. It reminds women that they are not valued for their talent, intelligence or skill; they're sexual objects and often with no control over their work environment. When Dushku went to the person who should have dealt with her complaint, he told her to speak to Weatherly herself. When she did, she was written out of the show. She lost her job.
The reason most women tolerate sexual harassment in the workplace is because they fear that they will lose their jobs or otherwise be retaliated against for objecting to the inappropriate sexual comments or behavior of men, particularly those who are powerful. Dushku's treatment was exactly what happens to many, perhaps most, women who say, "No more" to sexual harassment. If they aren't fired, they often are subjected to retaliation in an effort to get them fired or to quit.
CBS got off lightly.
17
All you men who have reading comprehension failure: The $9.5 million was not for his behavior, it was for lost wages for her unlawful termination. It is illegal to fire a whistleblower. Get it now?
35
Jokes, humor, laughter are no longer welcome in the workplace. Because #metoo.
Anyone remember Ridley Scott's 1984 Apple Macintosh commercial? The proletarians in grey are all working in unison, while the only bright color among them, a woman, is chased by grey and yet manages to liberate. No more. The "grey" is what political correctness, of which #metoo is a major player, is all about.
6
@Voldemort
Some jokes are actually funny, and don't rely on bashing women.
16
How about these guys just behaving like decent adults?
How hard is that?
That's what she said.
19
People keep focusing in on the money and perhaps it being a excessive sum. Eliza was joining a successful show with very real potential of becoming a season regular. For her career at this time.. that's a pretty big deal.
With a allegation like this escalating as it did (leading to her being let go..) she could be labeled as problematic to work with.. It didn't need to go down that way. Michael could have been understanding about it all and simply adjusted. He either got her fired, or talked to someone else who decided to let her go to avoid the potential for future problems.
It's unfortunate and shows that .. yeah work still does need to be done. Not sure how I'd feel about him being fired though.. Seems to me that just creates more problems and should only be reserved for extreme cases.
3
@Roland
Right, we wouldn't want a man to take the fall for something his stupidity set in motion, right?
11
So much toxic masculinity at CBS, from the top down. Even though money does not make any of this harassment even remotely acceptable or stop it from happening again to other victims, at least Ms Dushku received financial compensation commensurate with her profession. Yes, 9 million dollars is more money than most people will earn in a lifetime but this amount is not out of line for television actors on popular shows. But what about all those thousands or millions of women who are sexually harassed or physically violated, working in much less glamorous and much less lucrative jobs in call centers, factories, offices, retail and restaurant establishments. These women often work paycheck to paycheck and are afraid to complain or refuse the advances of men in power for fear of losing their jobs and benefits, not to mention their reputations. Hollywood cases like Ms. Dushku's are just proverbial visible tip of the #MeToo iceberg. How do we prevent the majority of sexual abuse and harassment occurring in this country which happens to be far removed from Hollywood whose victims are not famous, wealthy, powerful or influential? This is the real tragedy when so many of these women suffer in silence.
5
@Jeff I dunno .. as I've never abused a woman before and speaking from the other side of the table, I do know that I'd be in jail as a sex offender for life if I tried even 10% of what women have tried with me over the course of my lifetime... and to be fair, I didn't see it as abuse or harassment. Sometimes it was unwelcome though and certainly made things awkward.
So there is a discussion to be had there... physical abuse of any time is and has been zero tolerance for fighting and sex in the workplace but verbal stuff? It's a lot trickier and needs to be handled with care.
2
@Roland, and the women who “tried things” with you, did they get you fired? You were fired each time? I’m guessing no, but please educate me.
8
@Uptown Sunni Why would they be fired? I never complained about it as I don't really see it as harassment when a woman comes on a little to strongly or says/does something flirtatious. Different rules for men and women for many different reasons.
3
So nice-guy Mike has feet of clay; who knew?
Very confusing case. Some say Dushku received "9 1/2 million for some words she was uncomfortable with". Others rightly point out that she was threatening to sue because Westerly fired her, not because of his comments. No one should be fired for communicating their discomfort about an issue like this. Without such communication, we are never going to develop the new rules of courtesy that the metoo movement is trying to produce.
Westerly himself however claims that he never wanted her to be fired, and just sent a brief memo about her lack of "sense of humor." It seems to me that the two of them were trying to settle a minor dispute, and the top brass overreacted by firing Dushku. And there is always the possibility that she was actually fired for the official reason: that they decided her character wasn't working, and were going to write her out anyway.
Even more confusing, the characters played by Westerly and Dushku regularly engage in just the kind of sexual banter that caused this problem, and eventually end up in a relationship. Part of Dushku's complaint even refers to lines that were directed at her character not at her. Maybe the problem is that the premise of this show is so out of step with the times.
The real tragedy for us "Doll house" fans is that we know Dushku is one of the best actors on television, and this whole kerfuffle will probably ensure she will never work again. I hope not.
3
@Teed Rockwell
I'm confused that you're confused. You seem to be making it more complicated than it was. Weatherly was abusive in directing comments to Dushku that were beyond the pale. None of those comments were in the script. She went to Caron who should have shut down Weatherly instead of telling her to speak to him herself. When she did speak to him, instead of taking responsibility for his abusive behavior, he notified the bosses of problems with her lack of a "sense of humor" which is a clear code for, "Get rid of her because she won't play along with me when I say whatever I want to say, no matter how offensive it might be." Directly after that, she was told that her services would no longer be needed despite the assurance from Caron that he expected her to be a regular on the show for several years before the flirtation between the characters was consummated.
Btw, her appearances were very popular. I wondered what had happened to such an intriguing character, lond before reading this article today.
12
I would love to see/hear these “gold mine” outtakes. I wonder what happened to the attorney who green lit entering them into the mediation
5
What happened to the freedom of speech.
Nothing he reportedly was a threat of violence or anything illegal.
I understand she didn't appreciate them.
I don't care.
We don't have the right to control what someone else says.
He did nothing he could be arrested for.
She would not have won one cent in court on a charge of sexual harassment.
You have a right to your opinion and I have mine and I will not tell you how to think.
Please don't tell me.
2
@lucky
And that's probably how it would have been had she stayed on the show... however she was let go right after coming forward and letting the star know she was uncomfortable about how he was treating her and the timing of it all suggests that she was let go because of it.
8
Forgot to take Civics in school?Freedom of speech only means that if you criticize the government, you are free from governmental reprisal. Outside of that, consequences may apply.
13
Nonsense, the guy was a pig, worse yet, a bully whose behavior was mimicked by other crew members. An isolated comment might be brushed off, but the article reveals there was a series of boorish comments. The most telling fact is that Weatherly's team provided outtakes and that backfired, providing recorded evidence of harassment.
BTW, freedom of speech is irrelevant here. That refers to the constitutional guarantee of free speech in the political arena.
Personally I think the settlement was overly generous, perhaps a years worth of what was planned to be a four year run.
3
The story didn't mention it and most of the comments I read also did not, but the behavior and "jokes" described here fit Weatherly's NCIS' ”Anthony DiNozzo" character to a T. This story read like a Tony episode from any of the first 5 or 6 seasons. Stuck in a role?
2
This article reminds me of the talk Ed Norton was having on a plane ride in the movie Fight Club. In his discussion with a fellow passenger he talks about how the Auto company he works for looks at safety issues and analyzes the cost of settlements vs the likelihood of an accident.
It reminds me that Michael Weatherly was NOT convicted of a crime in a civil suite or in any court of law. This settlement may have just as easily have been paid to mitigate a lengthy legal battle for a show that was just starting out. Paying a settlement does NOT equal guilt
2
@Vince
Of course not - just ask Stormy Daniels.
Love how the men pay off the women who are not allowed to talk about it but the guilty parties can say anything they like while continuing to work.
CBS's reputation has been shredded over the last year and they seem remarkably unconcerned about it. Deny, coverup and settle. How inspiring.
11
I do not believe what is described here got her 9.5 million. Nobody laid a hand on anyone? Not buying it for a second.
1
You didn’t actually read the article did you? The settlement was for firing her to compensate for lost wages.
12
I read it. The headline says harassment but the settlement was for a job action....firing. The verbal abuse was obnoxious but would have resulted in a verbal reprimand and a letter in his file. The sexual harassment here is not the story.
1
CBS fired her for whistle blowing and it paid a price.
But why didn't Dushki take less and be loud?
I have a real problem with confidential agreement. So Weatherly could just keep on keeping on? So boys could continue to be boys?
I know, it gets tiresome for women to always have to take the hit. For women to do the right thing.
But, CBS (men) won't do it. So then we have to.
We have to be loud.
Maybe that is is "be best"?
6
"There's no such thing as bad publicity." is a myth? Definitely not. It's worth almost $10 Million.
Workplaces are likely to become very sterile. The unintended consequences for high-performing women, individual contributors and managers alike, may be harsh, indeed.
3
Or men could just start treating women with respect. How about that?
19
I read somewhere else that her part of originally for 4 shows with a possibility it could become permanent. If she didn't like working with him and didn't like his sense of humour then why would she want to stay on? Shows need chemistry between the actors and theirs was clearly going to be strained. She has always presented herself to the media as a tough cookie but it seems she always acting and she is actually quite sensitive.
I also read what his jokes were and they were funny. I wouldn't want to put in 10 hour days with Ms. Emily Post.
6
@Agnate
Maybe you can apply for her job!
@Agnate
Whether or not she wanted to stay on wasn't the issue.
She simply asked for him to sexually harassing her in the workplace, not an unreasonable request.
If he had said, oh, I'm sorry, you're right, I can see where I cross a line, I won't do that any more, it would have ended there.
But he complained about her "sense of humor" and CBS fired her. She had no choice in whether or not she could "stay on" because TPTB retaliated when she raised the issue.
Also FWIW, not wanting to have to put up with illegal behavior in the workplace does not make someone "quiet sensitive" Some would argue that not being able to work professionally with someone who doesn't find your rapey humor to be funny indicates that MW is "quite sensitive" himself.
11
That's a lot of money for non-physical harassment. Yesterday's boorish behavior is today's multimillion dollar verdict.
She should have gotten something, but this verdict seems disproportionate. Also, the Times article is only presenting one side of the story; I'm guessing Ms. Dushku's attorneys were a major source for the story, but as I said this is speculation.
Sexual harassment needs to stop. But also, sometimes, women share blame when they sexualize themselves (see link below for an example) Importantly, everything must be kept in perspective, and I'm not sure verdicts of this size as compensation for boorish behavior is, over the long run, going to help women. Personally, I would not like to see the "Pense rule" become the only acceptable standard of behavior.
https://www.nytimes.com/2016/07/14/t-magazine/natalie-portman-jonathan-safran-foer-emails.html
4
Don’t comment unless you read and comprehend the article.
11
@Alex
The money wasn't for the harassment, it was for the illegal firing that followed when she reported the harassment.
4
@Alex Did you read the article before commenting? She didn't receive a settlement because of the language, but because she was fired for complaining. And no, victims of sexual harassment are not to blame; their harassers are.
9
If Weatherly's conduct merited a $9.5M payout why is he still employed? Oh yes, it is CBS. Likely a Moonves decision. He who did not act on Charlie Rose's pantless meetings. Likely because he heard from NBC (Lauer) and Fox (O'Reilly) that such meetings were part of their news divisions.
5
Throughout their lifetimes women will be approached by men in many ways -- abusive, rude, clumsy, graceful, charming, etc. -- some times welcomed, other times to be turned down. When a man is turned down, and not only there is no swift exit, but now there are threats or worse (e.g., harming actions), there is a problem.
There are funny but ultimately harmless types like Al Franken out there, as well as destructive predator types like Weinstein. Looks like Weatherly was more of the latter (Weinstein) and am glad that this was called out and addressed.
2
@Gian Piero
It's amazing the people who read the NYT, have internet access, and yet cannot sustain a logical conclusion.
@Gian Piero
I had mixed feelings about Franken leaving the Senate but taking that picture when a woman was asleep and helpless was very disturbing. Sticking his tongue down the tonsils of a young actress when stage kisses are normally mimicked during rehearsal and never involve tongue in a play was also disturbing. Nor would I have wanted to be felt up by my sitting senator when I stood next to him to have a picture taken. Of course, Franken was no Weinstein nor as mean-spitited as Weatherly but he was not harmless.
2
@Quite Contrary
Well, that explains the Hillary Clinton endorsement:)
I know I don't work in "show biz" but here is a simple and easy rule of thumb. Don't make rape jokes. Don't joke about having threesomes or sex of any kind with your coworkers. It's really not that hard.
If this idea seems repressive to you... look around... those people are going home and complaining about you and getting sympathy.
14
Exactly. If I had made the same "jokes"
to women staffers when I worked for an international PR firm I would have been fired.
13
The comments here would be vastly different if the article omitted the 9.5M figure and instead simply said she were compensated for projected lost wages. People can’t get past the dollar figure.
13
Weatherly misbehaves (to put it mildly) and Ms. Dushku gets paid a pittance of *his* salary -- and probably forfeits future employment opportunities to boot -- to keep her mouth shut. This is CBS justice? Sound like pure 'Bull' to me. Tuning out.
15
Catholic priests who molest boys, Hollywood directors and producers who assault women. They are incapable of changing. So neither the Catholic Church nor Hollywood will ever change...unless we all boycott BOTH of these perverse institutions permanently.
2
Michael Weatherly must be channeling his "DiNozzo" character from NCIS who was a sexist playboy. What he really needs is a good smack upside the head. Gibbs?
11
They should take the $9.5 million out of Weatherly's pay.
14
I'm a woman and here to support my longtime friend, Michael. I read this and I know the tone and nature of Michael's comments. Was I there? No. Do I know he's a good hearted man who respects women? Yes. Could he be considered a ladies man? Yes. Those were not wise comments to make on set. IMHO they also were not worth a $9M settlement and having strangers make snap judgments about his character. I think people are equating a large sum to how awful his comments must have been. It was a calculation of potential future earnings. I have been harassed, I have been abused. I would never suggest a woman doesn't have the right to stand up for herself. She did, and he apologized. CBS has deep pockets, and she was paid. Michael has a quick wit and sense of humor many people enjoy. We checked out at a grocery store once and he bought my sugar. He told the checkout lady he's my Sugar Daddy. Funny! How dare he think I can't support myself. I can afford sugar. I don't need a man! As an actress, I know sets can get weird. Crew members aren't always refined. This could have been the straw that broke her back. He wasn't wielding his power to make her sleep with him to get a job or keep a job. He made remarks that in hindsight were not appropriate. He acknowledged that. He's developing a series with a female from NCIS. Would she would be doing that if there had been past issues? I would 100% walk onto that set. I'd actually run. Imperfect humans exist. Awareness is needed, as is forgiveness.
83
@T.L.C. You're missing the big point here. It wasn't just the comments. It was that, when Eliza Dushku attempted to address them maturely and discreetly by raising concerns directly with Weatherly, he (childishly and churlishly) had her fired. You may argue those two things are unrelated. Well. Speaking as a lawyer, the sequence of events bears no other interpretation.
150
The settlement wasn’t compensation for his alleged behavior toward her on set, though. The compensation was for the pay she missed by getting fired. The implication being that CBS was in the wrong for firing her. This was a workplace conflict, and rather than try to solve it through some kind of mediation, CBS just decided it was easier to fire her. In a sense it doesn’t matter what the conflict was; what matters is that CBS didn’t put any effort into fixing it.
79
@T.L.C. I appreciate your point of view, but Dushku did nothing wrong. Your sugar story is irrelevant as it was neither similar to the behavior described in the article, nor was it at work. Dushku went to Weatherly in good faith and told him which remarks were inappropriate and tried to work out a new dynamic, one in which he did not belittle her. He overreacted by getting her fired. She did not quit. He had an opportunity to work things out. He chose to escalate the situation to retaliatory firing. At no point did Dushku show any reluctance to continue working with Weatherly, she simply told him how to treat her at work as many men often do in their jobs. What should have been a teachable moment became an abuse of power. The 9.5 million simply is the way a corporation acknowledges they understand that retaliatory firing is unacceptable.
108
It is a LOT of money. I am sure CBS can afford outstanding defense attorneys so if they thought they could win in court there was nothing stopping them, unless they were more worried about the court of public opinion. So be it.
5
@Sophocles
She will probably never get another acting job as she will be seen as a "troublemaker", a "girl with no sense of humor." This is a career catastrophe, through no fault of her own.
2
It’s difficult to win in court when you’ve fired someone illegally.
5
To all reading-comprehension-impaired commenters:
Ms. Dushku was not compensated for "hurt feelings". The settlement was for lost wages as a result of retaliation.
It's not that hard to understand. People just seem unwilling to do so.
65
@Esq
I have found personally that misogynists will throw facts and reason in the trash in the name of putting down women. I earned my Ph.D. in physics and I have seen highly educated physicists make completely unphysical and unscientific arguments as to why women can't do physics. It's amazing how resentment towards women can impede even a smart person's ability to reason.
135
@Esq, I missed the part where she had a contract for more than three episodes.
3
@Patricia
Where does resentment towards women come from? How can one resent those who have no power? Or is that untrue?
1
I’ll take $9.5M to be made to feel “ uncomfortable”.
5
@db2 Please read the article before commenting.
15
@db2 All she did was complain. The people at CBS who fired her are the delicate snowflakes. They went through a whole casting process to hire her. That's not cheap, casting a lead actress in a top show. They signed a legally binding employment contract with her.
And then all she has to do to get fired is just COMPLAIN about how her co-worker is treating her?
What kind of weak, morally-challenged people do they have working at CBS? They can't handle their badly-behaving star so they have to fire a top actress with a large loyal following just because she complains about his behavior?
They should have just told Weatherly to put a sock in it. That was always an option here. It's costing them $9.5 million because they fired her instead of telling him to shut up.
11
Read the article again. She took appropriate action in trying to deal with Weatherly. He’s the one who complained to the brass and got her fired illegally.
7
Why was Weatherley not fired for harassment conduct.
18
As Trump has said, “If you’re a star...”
@glorybe, he was one of Moonves' golden boys. CBS has a very expensive production deal with him.
1
$9.5 million? That’s an enormous sum and a reflection of some good lawyering, not to mention a contrite organization looking for redemption, more than a reflection of what her claim is actually worth. This reminds me of the Erin Andrews case; relatively minor damages being turned into a massive payout. Don’t get me wrong, I am happy she got paid, but it’s a sad commentary on our society when people who have been falsely imprisoned, maliciously prosecuted, beaten up or killed by police are collecting pennies on the dollar compared to this actress, if they collect at all.
1
@Dave She was compensated for wages lost as a result of retaliation against her reporting misconduct. And she didn’t even escalate - she just tried to address it with the guy who was speaking out of turn. I agree $9.5M is a lot but that’s what she would have been paid had they not fired her for speaking out.
13
@Dave It is beyond disturbing that someone would describe what happened to Erin Andrews as “minor damages.” She was stalked over a period of years. Her stalker specifically requested that Nashville Marriott hotel staff place him next to her room and asked for her room number (Marriott staff complied with his request and never let her know that an unknown man had asked to be placed next to her room or that they had given him her room number). Her stalker hacksawed into multiple hotel rooms’ peepholes in order to view her naked body and invade her privacy. He videotaped her in these private moments and then released nude photos of her on the internet for the world to see. He was found criminally liable for his stalking and spent time in prison for it. She was subsequently harassed repeatedly on social media by persons accusing her of pursuing charges against her stalker for publicity. In the end, the jury found Marriott and her stalker liable for millions. Ms. Andrews deserves every single penny.
9
Mr. Weatherly is the star of the show, and as such he is responsible to set the tone that others will follow. While I'm sure Ms. Dushku has a great sense of humor and enjoys a good joke, these comments were inappropriate in the workplace, and even worse, set up a space where others who didn't even work closely with Ms. Dushku (a crew member) then felt free to make sexual comments to her. Where would that have ended? The minute she spoke in person to Mr. Weatherly, he needed to reset his tone and make that clear to all. Instead he decided to complain and get her fired. Really, he didn't want to have to change his behavior, so he lost her the job instead.
29
@Diva This was a time thing right??? One time!!!! She couldn't handle a slightly inappropriate comment??? I used to put up with far worse at work. This doesn't raise to the level of millions of dollars.
@ibivi
Read to the end of the article. It was multiple incidents. The CBS lawyers shared videos from the set showing Ms. Dushku swearing in order to show she had bad behavior that actually contained more instances of his harrassment. CBS handed her this win.
4
@ibivi, it wasn't a one-time thing. Weatherly made it permissable for other male co-workers to insult and harass Dushku.
6
It's amazing how many comments condemn Ms. Dushku due to her choice of roles.
Once the cameras stop rolling, inappropriate behavior becomes a choice also. Kudos to Ms. Dushku for standing up for herself and challenging her firing.
34
Nine and a half million is more than most of us make in a lifetime. She will probably never get another job in TV or film so she should be grateful for the huge windfall.
5
@Asher - By the time her agent and her lawyer take their parts, not to mention Uncle Sam, it's probably about half that. A good amount, but not so much by Hollywood standards.
3
Comments regarding the size of the settlement as if that’s a victory for Ms Dushku miss the point. A financial penalty is really the only punishment organisations like that understand. Because they may make a socially aware drama or include a minority character there’s a tendency to ascribe those values to the brand under which they’re produced. The fact is however that entertainment companies are no different to the ones making the televisions by which their product is distributed: their goal is profit and nothing else.
As an actor I suspect Ms Dushku would have preferred to work rather than receive compensation for her experience, however as her only avenue for redress was financial then I applaud her taking a stand. This goes beyond misogyny as it’s not confined to the abuse of women by men in power: it is the product of a greed that is rewarded not just by wealth, but also by the means to diminish, punish and silence victims.
On a personal note, as a father and grandfather of daughters I am heartily sick of seeing women having to fight battles that should have been won generations ago. We all have a part to play, especially as men in the workplace, to show that this type of behaviour is unacceptable and intolerable. We often hear people moan about political correctness: when I was brought up it was called being polite. What happened to the aspiration to be a gentleman? I can’t think of any greater accolade than being thought of or referred to as such?
33
@David Jones these are difficult times for women in the entertainment industry. but am surprised that she didn't carefully weigh the impact of coming forward and what it would mean for her future on the show. You have to pick your battles.
Bravo!
Reading comprehension failure. Weatherly got her fired.
1
Did she know that the show is an adult show and would contain sexual references? Did she know that the script would contain sexual material? Did she realize that cast members would discuss script content and perhaps joke about the material? This isn't kindergarten!
5
@ibivi Joking about material is OK. Joking about the material by discussing possible sex acts with a specific woman in the cast is emphatically NOT.
8
@ibivi PLEASE try to read the article before commenting. PLEASE.
7
I have always found Weatherly to be unctuous but didn't know why. "Joking?" Do these people live in the present? Do they read the papers? Do they have any female friends? CBS has a big problem. Maybe Murphy Brown can lead the change.
85
@Frank Ugh, the line about "wanting to talk about her sense of humour" made my blood boil. Apparently it's not harassment, she just can't take a joke!
8
Isn’t that payment a bit high? Is that really the value of feeling uncomfortable?
Sorry, but inappropriate comments are not synonymous with rape or physical assault.
10
@joel dibkin It's a reflection of how strong her lawsuit would have been, had she filed one. If this were litigated in court, a jury very well could have awarded punitive damages, in addition to compensation for lost earnings. A big goal in legal remedies is to punish the wrongdoer and to deter others from similar behavior, not just compensate the victim.
7
@joel dibkin The monetary compensation is not for Weatherly's comments or Dushku's feelings. The monetary compensation is for retaliatory firing. Dushku did nothing wrong in any sense. She didn't go above Weatherly's head to the studio execs to complain about his behavior. She went directly to Weatherly to communicate with him and work out a working relationship that was tenable to both of them. Weatherly had her fired in retaliation for her speaking up to him. Retaliatory firing was the problem. The monetary compensation is nothing to CBS. A corporation makes monetary decisions based on cost. CBS compared the cost of litigation, bad publicity and legal ramifications and chose the lesser cost. That is how corporations operate. They did not agree to 9.5 million because they are so nice; they did it because it was the cheaper option to them for hiding Weatherly's behavior and paying legal fees. They also needed to hush up the story because if Weatherly did this to one actor, then he has done it many, many times. They cannot afford to have others come forward. The amount was not picked out of thin air - it was the amount CBS would have paid Dushku if they had kept her on the show for the 4 seasons they indicated when they hired her. If that is more than you make in 4 years, that is not Dushku's problem.
17
Did you read the entire article? She was being compensated for being written off the show for speaking up for herself. @joel dibkin
11
Way to go Eliza! I just hope that CBS is forced to change the name of the show to 'Bum Steer'. Time to drop Weatherly and bring on Dushku to save the show.
11
@Tang Weidao "save the show"? Are you familiar with Dushku? Every show she has starred in has been cancelled, so I doubt she would be saving anything. Also, the show is highly rated, they don't need anyone to save them.
@Kmd511
Ever heard of Roseanne Barr?
1
When I read the headline, I thought "she's a user who got millions for not having a sense of humor." But when you read to the end of the article, it is finally revealed exactly what Weatherly said and did, and I thought, what the hell - how can this still be happening to women in the 21st century. What is wrong with that man? And then instead of thanking her for being forthright and honest and offering him a teachable moment, he gets her fired in retaliation? This is some sick culture going on a CBS. They need to fix this now. No one deserves to be belittled for their gender. Yes, I know that all my life myself and other women have been belittled for our gender, but just because we felt we had no options doesn't mean this kind of behavior needs to continue.
I applaud Dushku for recognizing that she is being belittled, for rejecting being belittled, for talking directly to the person who was belittling her - those 3 steps are remarkable to me. And they show me that a generation of women is coming up who expect more from life - who expect that they should be treated with respect. Women like Dushku are role models for the next generation of women. Just as my generation broke open doors to being able to work in every field, her generation is making gender based verbal mistreatment unacceptable.
38
@Pacific
Egads - "role models for the next generation of women"!?! I would hope not. Mae West or even Linda Lovelace would be a much more aspirational choice. One had wicked humor, the other pitiable regret. This "role model" just got a fair payday, bankable notoriety and is still whining!
As long as women accept roles as sex objects, whether in Hollywood or Des Moines, there will be men in front of and behind the cameras - as well as those holding the corporate reins - who will continue to treat us as such. If the heat bothers you, the best idea is to stay out of the kitchen. Or at least develop your wit, a conscience and plausible deniability. I'm reserving my "role model" pedestal for somebody else.
2
@Pacific how many women are in charge at CBS? How many female lead shows do they have? Les Moonves is gone but most shows are directed and produced by men. Still male dominated industry and the star has perks others don't.
2
@Quite Contrary
She was not even hired for the role of a "sex object". She's an actress. How 19th century of you to think that that profession rightly entails the enduring the heat of the kitchen. Wow.
7
I am delighted that Ms. Dushku complained when such joking began on the set. And I am happy to see that when she was retaliated against she was reimbursed for her loses. It takes guts to confront one's employer about the illegal activities that go on in the workplace. I hope this information will give more women the courage to complain when they are mistreated.
22
I probably have seen every NCIS episode over the years and liked many aspects of the show. That said, it was full of office behavior that may have been "considered" (in scare quotes) OK by some when it started, but clearly should have been understood to be wildly inappropriate in recent years-- what with physical and mental abuse from the boss, constant sexual harassment, and abuse of less senior individuals. Would you let your boss slap you daily without taking action? From the start, I wondered how the writers and producers didn't understand that no such behavior could or should be tolerated in an actual office in real life. But that foolish fantasy culture aside, how could members of the cast not understand that such behavior must never spill over into the real lives of the cast members-- don't they know real life from make believe? If not, do they understand why the on-air "office" behavior might confuse viewers into thinking CBS management doesn't know the difference either? You can love the concept of the show and still no longer tolerate such behavior-- on set or off.
7
@P. Siegel
Let's not confuse the fantasy of a script with the reality of what happens off camera in real life.
2
@BG That's precisely my point-- CBS appears to have done so, as has the star. Read my 2nd to last sentence (and the ones before it).
1
What planet and century is Weatherly from where he thinks "classic Cary Grant" jokes about spanking women are still OK?! Oh wait, that would be the "entitled white upper class male" planet.
41
@Beth Gazley And being able to get 9 million dollars for verbal harassment makes her an entitled white female and degrades the movement and what normal women who don't have her resources and opportunities have to deal with--not to mention it doesn't usually stop with verbal abuse.
2
@Beth Gazley I agree with you. But I think he comes more from the moronic obtuse gender biased clown planet. I know many entitled white upper class males who would never behave like Weatherly and would never condone his behavior. He's a clueless dinosaur.
6
@me That's the sum CBS decided was cheaper for them to pay rather than litigate,or do you not understand how workplace harrassement rules work? Or have you just only discovered that succesful actors make a lot of money? A lot of people seem to be implying that since she's a rich actress she needs to put up with nonsense just like every other working-class woman does. Shoudln't you be arguing the opposite?
5
Doesn't this Hollywood Star reporter nonsense belong in some fan mag out of the 40's or 50's?
Unless the angle of such a story is concerning how social difficulties are being turned into anew class of "ambulance chasing" among lawyers or causing a statictically sigificant number of women to turn to homosexual activity to escape all contact with men, I don't see it's news value. So few people,(ot Hollywood stars), have these highly paid problems that I cannot see how they are of more than personal interest to a few people, of none to the great majority of readers. TV as an extention of Hollywood probably always had such stories and difficulties . They are of little real interest to subscribers of newspapers unless they are "The National Enquirer" which published whatever it chose, and invented or twisted half of what it printed.
I once expected real news coverage from the Times.
2
@meloop
Actually, welcome to the 21st century, in which this story is a well-documented case of sexual harassment and demeaning behavior in the workplace. Perhaps you cannot relate to the setting. That's why it undoubtedly will eventually be followed by detailed stories of women who work in restaurants, offices, bars, schools and other more mundane settings where the exact same problems continue to fester.
20
As an elderly foreign-born Jewess, I have endured countless prejudices and discrimination in my life, first in the USSR, then here. Not ONCE it occurred to me that, instead of starting a small business and working my way to prosperity for decades, I could simply sue every male chauvinistic pig (read: any male in the position to pay off) in sight. Blimey!
6
@Yulia Berkovitz You miss the point of the settlement - it wasn't for the unacceptable behavior on the set - it was because they fired her for complaining about it. Were you fired? Was your career harmed? Did you suffer loss of income?
12
@Yulia Berkovitz Just because you didn't defend yourself doesn't mean other women' shouldn't. (And you too failed to understand why she got that compensation.)
8
very sad. that the star of this show would act as a total creep towards ms. dushku reflects the warped mentality that has been, is, and probably always will be, prevalent in hollywood. now, ms. dushka will be cast out, for 'not being one of the boys'. that's a bummer, because she does have that 'something', (ability to act; 'range'), beyond her beauty that draws the viewer toward her. best wishes to eliza......
7
Glad to see Ms. Dushku spoke up, and happily surprised that a man actually listened to her and believed her. Weatherly sounds like an awful co-star.
Cheers to you, Eliza.
And hoping this will spur more change in a respectful direction on all TV/movie sets.
93
“During the course of taping our show, I made some jokes mocking some lines in the script,” Mr. Weatherly said in the statement. “When Eliza told me that she wasn’t comfortable with my language and attempt at humor, I was mortified to have offended her and immediately apologized. After reflecting on this further, I better understand that what I said was both not funny and not appropriate and I am sorry and regret the pain this caused Eliza.”
Wow, that is some serious spin, it sure does not sound like $10,000,000.00 worth. Sounds more like something you would buy a round of coffee and corn muffins over.
15
She isn't suing the guy who made the comments for 9.5 mil. She sued CBS because they wrote her off the show after she complained about his comments to her. Businesses can't retaliate.
20
@Alex
Exactly. His story does not ring true to the figure of 9.5 million bucks. I don't think CBS pays every fired actor that much money without cause.
Also, with Google as a case in point, we are saying that men can continue to behaves badly, even if it costs millions of dollars. That's what is bad.
7
When management sets the culture to allow this type of behavior, surprise plenty of offenders will engage in the behavior.
My 90-year-old mother was fired from more than one job when she demanded harassment stop over 70 years ago. May we all someday work free of harassment.
35
She is so bothered that she can't talk about what happened. Well she could talk about it, but she wanted the $9.5 million more.
She had to be written out of the show. The character is a flirt and does make suggestive comments to women. How could they write a script developing a love interest between them without offending her tender sensibilities?
10
@Brian Come on Brian. I'm certain you can spot a "wounded" male who in no way is going to allow a Ms. Dushku to speak to him in a way that makes HIM "uncomfortable" -- via painful self evaluation. I'm a 71-year young former Big Pharma manager, and can 100% confirm that many powerful men in the workplace have a compulsion to "crush" anyone who challenges their status -- especially when it's a female.
22
@Brian
You think CBS lawyers are in the habit of giving out ten million dollars over tender sensibilities?
17
@Brian. You say, "The character is a flirt and does make suggestive comments to women." If you reread the article, you'll find that the offensive comments were not part of the script.
8
Actress cries "wolf", nets hush money to protect CBS's ad revenue. Ho-hum! Sound and fury, signifying zip. Why does this story deserve space in this paper? Except...
Wasn't the legal system devised to punish the guilty and protect the innocent? Now, it's perfectly fine to pay alleged victims to shut up & go away? Does this "mediation" process undermine #MeToo? Why not report on that?
I worked for a unionized community college a decade ago and was shocked to see the six figure amount paid out annually to settle claims. (At that time, it was all about discrimination, not harassment.) Weighed against the cost of fighting in court, I suppose it was defensible on a purely cost/benefit basis. But who benefits from this contortion of the legal system?
CBS paying the large amount in this settlement is merely the equivalent of the corner bodega owner shelling out a proportionally equivalent amount in protection money to the local gangster's union. Except in this case, the lawyers on both sides are really the biggest beneficiaries, and NYTimes readers are again the losers.
The investigative/writing talent of journalists could instead be focussed on some actual news, or issue of importance to the country, not this nothingburger. It is worthy of note only in that it's attracted a couple hundred comments, which is just evidence of boredom and morbid curiousity on our part.
I expect a deeper level of analysis and investigation from this paper. Am I hopelessly nostalgic?
8
@Quite Contrary
If the issue you struggle raise is an examination of the ethics of accepting settlement awards in exchange for silence, that's valid.
However, Ms. Dushku did not have to address the issue, as this episode is well-documented as a workplace harassment issue. And she recouped monies she would have earned if she had not been unfairly fired for speaking up.
This does not trouble me. She maintained a sense of propriety and prevailed, while others failed to do so and paid for it.
3
@Quite Contrary
Are you hopelessly nostalgic? I suppose that would depend on what it is for which you wax nostalgic. If it's a workplace where anything goes, where news about hostile workplaces don't qualify as 'actual news,' but simply distractions for the morbidly curious, then chances are you are part of the problem, not any solution that protects people from harassment and allows everyone, not just men or supervisors in positions of power, to enjoy coming to work.
To put it more bluntly, just because it's not interesting to you doesn't mean it's not newsworthy.
3
@Phil Carson
Yes, thanks; I am struggling to elucidate the issue of paying settlement awards that translate to hush money. "Crying wolf" was the wrong analogy. (Faced with this choice, who wouldn't take the money and stifle? No blame implied, nor nobility.) But is this outcome troubling me? Yes.
In pretty much the same way Stormy Daniels was silenced (for a critical moment, with arguably historic impact), paying women to shut up is now revealed to be the gold standard of corporate response. (Be sure to apologize before back to work, fellas. Pay no attention to that lady behind the curtain...)
Not sure that Dushku losing her job and suffering unknown career impacts, even with monetary compensation, could be considered "prevailing". I am neither a fan of harassment nor retaliation against whistleblowers. Nor do I revere women "crying wolf"when the charge is false, trivial, or trumped up for monetary gain. We have no evidence Dushku did that.
But, with no hush agreement, wouldn't this have been litigated? Perhaps facing that exposure and expense would do more to get at the truth, stop harassers and ultimately do more to change CBS and the culture than slinking away silently to the bank? (Wouldn't a windfall of $9.5M have to be noticed and explained to some folks, somehow?)
Interesting that nobody is suggesting Stormy Daniels as a role model, nor suing her for violating her hush agreement, apparently.
Unenforceable? Evil will out?
Corporate "contrition"? No.
Follow the $.
Can someone please make a joke that I don't like and fire me from my job when I complain and then pay me the equivalent of the next 4 years of salary to shut me up?
You have plenty of ammo. My soft out of shape body, my receded hairline, the list goes on
Thanks.
13
@JerseyJon
Has a female superior ever made jokes to you about your appearance and (lack of) sexual appeal? About not wanting to be in a threesome with you and your receding hairline? About being repulsed by spanking your soft, blubbery body? And can you imagine, asking that person to please refrain from making those jokes about how nauseatingly ugly you are? And then getting fired for not having a sense of humor about how horribly misshapen your body is? Because you would be well within your rights to sue if someone were to say those types of things. But I have a feeling that this has, in fact, never happened to you. Perhaps if it did, you could muster empathy.
29
Her career in television is over for awhile... she is now a liability to have on the set. EP’s and Directors will think twice before hiring her as they do not want a repeat of the same issue.
6
@Jeff---Yeah right, maybe for a while. I wonder if she'll be hurting for money. I wonder if this B level actor/apologizer is somebody people might think twice about as well.
5
In a more just world, Mr. Weatherly's character would, I don't know, somehow land in an off-camera jail for attempted sexual assault and his trial consultancy bought in a hostile takeover by a bullheaded yet flirty consultant played by, well, maybe Eliza Dushku.
10
It's hard for me to believe they'd do something like this to a Slayer. But Slayers slay and these vampires have been legally staked!
8
I never liked Weatherly on NCIS and was glad he left. To me, the show is better now. The comments on the ridiculous sums of money paid entertainers are beside the point. Wall Streeters make tons more, and wit “carried interest” pay far less in taxes than they should. They create phony paper, Ponzi schemes and recessions. At least good actors entertain us.
Ms. Dushku has been a fave of mine since Buffy. Probably the only Albanian-American of any prominence in the acting world. Money is important to actors, as to all of us. But acting is what they crave. Now she will have great difficulty getting other jobs, she knows it, and that settlement could end up being her pension. If so, I for one will miss the chance to see her in better things. Because of Weatherly, I never watched one episode of “Bull”, and now certainly never will.
28
@Publius, I also didn't watch Bull because of the character he played on NCIS. Then I did watch an episode because he is an actor, after all. But no, Bull is pretty much the same character, arrogant, not very well informed, and socially tone-deaf at best. Only more so. Not watching Bull is not missing anything worthwhile.
Making a rape "joke" is far beyond the pale; not just because rape is nothing to joke about, but also because any room you make such a joke in is likely to have a rape or molestation survivor in it; even Trump's mythical "locker room".
6
@Publius The Belushi brothers are also of Albanian descent. I would submit that they're much more prominent that Ms. Dushku will ever be.
1
@Muckyduck I had forgotten that, so thanks. My wife actually hosed Jim off one day outside our home when he was jogging and had gotten overheated. Loved John, still love Jim.
1
Dr Phil, defender of the abused, misunderstood and dysfunctional, produces and regularly brags about this show "loosely based" on his early career. Wonder how his wife Robin, supposedly the voice for abused and battered women, feels about this story? Or are they both too busy wasting screen time selling face cream to look at what's going on in their own TV family?
15
watch for next season's big. CBS hit: "House Full of Jerks".
8
Weatherly is just being Weatherly. His wise cracks are standard and were a featured part of both "NCIS" and, now, "Bull". This woman needs to get into anther profession, evidently, and I really don't are about her resume.
6
You realize this is the same bs excuse that kept sexual harassment in the dark. "Boys will be boys." No: immature boys who can't play nice will be held accountable for their actions.
9
@pnmiller4. An actor is not the same as the characters he portrays. I hope you know the difference.
7
@pnmiller4
You do understand the difference between Mr Weatherly and the characters he plays, right?
And the difference between scripted banter and sexual harassment in the workplace (eg talking about having sex with a co-worker in front of the entire office/set) , right?
8
On Dollhouse, Eliza Dushku played a woman whose memories and self were erased. She and others were then turned into rape victims/prostitutes and trafficked to wealthy clients. Yet, Dushku has never complained about a toxic environment on that set. Why? Because the topic is not what makes a set toxic. The people, like Weatherly, are what do. The fact that in Dushku's mediation, CBS couldn't even see the toxicity in their clips of Dushku cursing, says just how toxic the culture of CBS is.
20
@Lizzie, respectfully, one person on a set insisting that everyone there cater to his or her sensitivities could also create a toxic work environment. This story walks a fine line with a strong woman exercising agency on one side, and blackmail on the other. The article does not state CBS's rationale for writing Dushku out of the script, but it does say she was hired initially for 3 episodes. Was the network in any way obligated to continue her role beyond those three episodes? More information please.
1
“Blackmail”? She didn’t blackmail anyone!
@Anita Larson, I didn't say she blackmailed anyone. I was talking about the ways in which this story could be perceived.
If the $9 million unearned is given to a women's group that helps women and girls? That would be making a powerful statement. $9 million over 4 seasons for a non-lead? Time for Weatherly to step up and donate a huge hunk of money - he's been a lead for a long time.
Too much power goes with the acting biz - so spread the power. Otherwise, it's just mouthing platitudes on both sides with no value.
3
Every time I learn something new about Eliza Dushku, I respect her even more. She stood up for herself in a very professional way. I loved her on Buffy, and she's even better in real life.
17
As a person who's been peripherally at the corner of this industry, please. Actors are not doing the Lord's work and aren't as pious and fragile as this seems to portray. Neither are their bosses.
CBS paid her because they knew if they didn't, there would be the reaction that you're seeing in these comments right now. She had them over a barrel.
10
I think Wanda (New Orleans) below says it perfectly;
"Some of the comments here are tone deaf and part of the problem. No one should ever have to feel this way at work. Work is hard enough without this behavior as a cherry on top. Some of the attitudes here are part of the problem. No wonder victims don't want to report so the bad behavior goes on and on."
It's incredible to me many of these comments, such as;
1) "I wish someone would make a lewd comment about me so I couldn't pick up $9 million" (Landlord, Albany, NY).
2) "Oh please..... Such delicate little flowers all these highly independent, sexually liberated young women have become!" (India, midwest).
It reminds me that we have a long way to go in how we view and truly understand the difference between decency and impropriety.
59
Anyone on here commenting who doesn't think this is sexual harrasment, or that it's just 'words' - CBS paid $9.5 MILLION to try and make this go away. Why do you think they did that?
Same reason Bill O'Reilly settled over and over again for tens of millions of dollars.
If it walks like a sexual harrasser and talks like a sexual harrasser - it's a a sexual harrasser.
33
@will
No, this sexual harrassment business, and I do mean "business", has become a cash register for females.
2
If women had a dollar for every time they were harassed or bothered sexually or otherwise, they'd all be rich.
20
@JM
So true, and that is exactly the problem. Women have to listen to men's "jokes" at their expense all the time. If it makes them feel uncomfortable they are just being "too sensitive." No man would put up with being the constant brunt of a "joke". Women don't need to get rich by settlement. When there is a level playing field, they are able to do excellent work and earn their money; but they should have the same safe and supportive work environment that men just take for granted.
25
She made out great! 3 shows and paid $9.5 million. Yes, what was said is wrong, but how many people do you know that would change places with her. Work on 3 episodes, then hearing a couple of sick jokes made about you in your presence, then being paid $9,500,000? I think I see a lot of hands up out there...
8
@Easy Goer Here's the thing: she WANTED the work. She did not want the pay up front. She wanted to work on the show for the expected 4 years. And she wanted to be treated like the professional she is. I doubt she wanted to go through arbitration and the circus of all that followed. I think the only true line in your statement above is: Yes, what was said was wrong, You should have ended your sentence before the but.
46
@Easy Goer - You are missing the most painful point. If what was said by Weatherly was wrong, why was Dushku let go immediately when she spoke up about it? She lost a huge opportunity for a starring role over many seasons on a big network show because she rightly asked a coworker not to harass her at work. That exposure is worth more than $9.5 million they would have paid her, btw. In your book, she should have a) kept her mouth shut at a coworkers bad behavior and taken it or b) be happy with losing her job after she pointed it out? I'm glad I don't work with you, and hope you aren't responsible for people's safety at work. If anyone should lose their job, it's Weatherly.
48
@ze, No one could have said it better! Good for you.
5
So who will have trouble getting work now- Ms Dushku or Mr. Weatherly?
7
in actual fact, neither really needs to work again. we should all be so lucky in our bad luck.
4
If you watch the show, you know it is basically a vehicle for Michael Weatherly's talents. As mentioned Dr. Bull is a flirt and a real character at times. If it helps the production to have ad-libbing and humor on the set, more power to them. In creative endeavors there is always brainstorming, some jokes fall flat and others must be retracted. It sounds like Ms. Dushku didn't mesh with this environment (which is fine, at both ends, it's a free country) and eventually they came to a resolution. That should be the end of the story.
16
@VND Really. "that should be the end of the story". Just another situation where a woman "complained" and "whined". Obviously you are going to continue to watch the show. I, on the other hand, am not. I am saddened that an actor that I watched & admired for years on NCIS has been exposed as a man who does not respect women. Goodbye, Bull.
12
@VND Right, because joking about rape should be tolerated. Thank you for clearing that up for all of us.
12
I watched him in "Dark Angel" and I thought he was a lazy actor who let Jessica Alba do all the work.
And if Dushku's problem was not meshing, they could have figured that out BEFORE signing an employment contract with her.
Meshing does not mean silent kowtowing to misogynist abuse. And it is illegal to fire employees who complain about abuse.
6
What a pig Weatherly is. We will not watch the show.
Good for you Ms. Dushku, you are my heroine. I hope my granddaughter grows up to be just like you, standing her ground and fighting for what is right.
Shame on Phil McGraw for tolerating this behavior on a show that he promotes.
22
The fact Michael Weatherly thinks "rape" is something to joke about tends to make his pathetic apology seem even more weak that a straight reading of his views on the content of his remarks.
27
I think a lot of the comments are missing the point. The settlement was not merely for a few stupid jokes, but probably because she was fired for complaining about the jokes. Yes $9.5 million is excessive, but that is merely a reflection of the excessive amount of money people in showbiz make. The people who should be appalled are CBS shareholders, who should be able demand some accountability of those responsible. These settlements should not be covered up from those who own the company.
180
It is mind boggling that an actor (gender neutral term) would earn over 2 million a year for television episodes, which I do not watch. Yet our teachers, who slave away in public schools trying to make the least capable thrive, earn 30 or 40,000. And we wonder why our children can't compete with other industrialized countries in science and math.
20
in America, there is always money to be made by being great looking, tall, talented, or born to the right parents. the rest of us are schleppers.
3
@Roberta Our children's alleged inability to compete with kids from other countries in science and math has zippo to do with teacher salaries and everything to do with a well-intentioned but wretchedly-executed core curriculum that says drawing pictures of stylized caterpillars is somehow a more effective way to teach multiplication and division than the tried-and-tested vertical-column method. Throw in a multigenerational culture of electronic anesthetization in the home that infects the workplaces of this country more and more each day, and even a $2 million-a-year teacher couldn't get these kids to compete.
1
@Roberta, actors get paid so much because, unlike teachers, they do not have tenure and spend most of their time looking for their next job. And only the top actors make that much. Most of them earn far less when they are able to find work.
Actors are just as highly paid in these other countries you refer to where the kids are better educated.
If you want teachers here to get paid more, that is an issue you will have to take to the teachers unions and state officials and politicians who determine the school budgets.
9
This is distressing, especially in light that it came months after Weinstein was arrested. Another victim pays the price for inappropriate and sexist behavior in the workplace.
This kind of systemic and toxic behavior cannot be tolerated. This could have been a teachable moment for Weatherly; when Dushku came to him and informed him that has behavior made her uncomfortable, it was an opportunity for him to become informed as to why and learn what he could have done differently. Instead, he raised it to higher ups in the show, and blamed her for lack of humor. And she subsequently lost a job opportunity because of it.
We need to start teaching our sons that jokes at the expense of women and their sexuality is not funny, it's hurtful and toxic. I understand that we have a culture where this has been accepted--we need to start at the root.
Dushku lost out on an opportunity to showcase her talent as an actress. While she got a settlement the equivalent of the pay she may have lost, she'll never recoup the exposure which could have meant more work for her. And really, with corporate culture such as CBS', what other choice did she have? If she didn't agree to the settlement and went public instead, she would have been branded as a "problem".
28
Wasn't it Moonves who decreed that CBS's mid-90s reputation for sitcoms with strong female characters needed to be changed to the NCIS strong-central-male-with-attractive female assistant prototype that now predominates on that network? Maybe his private behavior (surely no secret in the TV industry) filtered down to the sets of his shows. And yes,maybe Pauley Perrette (spelling?) will now tell all if her bank account is healthy enough.
7
"After she went through mediation with CBS, the company agreed to a confidential settlement that would pay her $9.5 million"
Not bad for a days' work. Seems like a purportedly lewd comment (or a bad joke) can bring in serious dough.
I have worked with women all my life. Yes, a workplace can be a poisonous environment - and not just for women. Your boss can bully you, shame you in front of others, that's just life. Get on with it.
Some of the women I worked with were talented, bright and professional. They earned all the respect they deserved through hard work. They accepted a compliment for what it was. Alas, that was the absolute minority.
The majority were the whiners. Those who always blamed others preventing them from moving forward.
I vividly remember the case of the Vienna Philharmonic a decade or so ago, with the huge outcry because they - out of tradition - only had male musicians.
Were there talented female oboists, violinists, etc.? Of course. Plenty of them. So, what stopped them from starting an all-female Vienna Symphonic Orchestra?
Nobody would raise an eyebrow. But they didn't.
And that is the problem.
3
I would never watch that show again.
5
Weatherly’s explanations that he was joking to explain his actions are lame. Nobody jokes about sexual topics with people with who they are unsure will be offended. He was using his position on the show to parade his alpha persona and it was graceless behavior.
20
With, all due respect to the talents of Ms. Dashku, it’s obvious that these actresses are ridiculously overpaid. It’s really hard for me to feel empathy for her for having to put up with some joking around, even if it was inappropriate. I think of the daily humiliation of millions of Americans in dead end, lousy paying jobs, so they can squeak out a meager existence. Trust me, all those people are, “acting,” pretending, this is all they get.
11
Read the examples of behavior Dushku experienced that were described in the second half of the article. Then imagine if it wasn’t Dushku but was your mother, sister, or daughter being subject to this “humor” — doesn’t seem like silly jokes anymore, does it?
9
@Matt R
Why can some men only understand the female perspective if it's applied to family members? Could it be because women only have value as extensions of male property? No wonder, then, that mere female colleagues are subject to harassment.
1
So art imitates life, and life imitates art.
1
Philboyd,
Let me help you in your workplace...don’t ever say anything to a woman that you wouldn’t say to your mother or grandmother.
Hey, Grandma! Wanna have a threesome?
21
@Lisa
I really like "The Rock Test" If you wouldn't say it to Dwayne "The Rock" Johnson at work, don't say it to any woman in the workplace.
9
@lh
That's better.
Did she consent to having this information publicized? If not, isn't this news story victimizing her by making her relive a humiliating and career-damaging event in the public eye?
3
@ES
No, silly, it's just getting her off the hook on the hush clause. And may help her career, actually.
So... should CBS have NOT paid Ms. Dushku $9.5M?
It seems that she obtained full payment for the full period of time she might have worked, had she not been the victim of retaliation. That's pretty generous, given (a) she didn't actually work those 4 years, (b) there's no guarantee in this business that the work wouldn't have dried up, and (c) she's free to pursue other lucrative work in the meantime. She remains a highly-sought, big-name actress.
What did CBS get out of simply paying her the maximum amount she could have gotten had she taken them to court (which is never a sure bet)? They got their reputation protected.
If a business can't protect its reputation, it has no incentive at all to reach such a settlement. Are we to take that choice from them?
And Ms. Dushku obviously valued the sure $9.5M over the opportunity to tell her story and sue CBS. Are we to take that choice from her?
The reality is that our civil law system is intended to balance the scales between parties, not to serve a public policy interest in exposing and punishing reprehensible behavior. That is what our criminal law system is for. If someone broke the law here, the local prosecutor can file charges to vindicate the public interest.
10
Well, if the outtakes highlighted the abuse, they got off cheap. Bill O’Reilly paid 3x that to one victim.
3
@Sam I Am
I agree. She must have had great lawyers, and was very lucky (?).
2
@Sam I Am
I don't know in what state this case might have been brought. But employment laws differ from state to state. In any case, this isn't about "reprehensible behavior"; it's about wrongful firing. If CBS were breaking her employment contract - even a verbal contract - they might not be required to have any reason at all in "at will" employment states she could be fired for parting her hair the wrong way. But CBS might still face bad press if she chose to go public. So, regardless of legal considerations, they chose to try to short circuit that eventuality.
Pretty sure that CBS is not happy to have all this dirty laundry being aired in public. But that's what sometimes happens when you make decisions based on your bottom line and not on what's right, fair, moral and legal.
Wouldn't it be smarter to protect your business reputation by doing the right thing in the first place?
So, If the agreement to keep silent is worked through a lawyer then it fine?
However, if you ask for money to keep silent without lawyer, then it is blackmail and a crime.
6
@pat
Maybe so; however, Mr. Weatherly is left looking like a huge jerk. See how well he does from this day forth.
4
I am a believer in the "me too" movement and the need for women to be treated with respect. I think her humiliation was uncalled for. But if you want ti make millions on your looks, then it is hypocritical being offended when people call you gorgeous, nor would you be getting millions in a settlement that no server who endures for more can ever expect to get. Yes, let's work on women getting respect and not being treated like objects, but let's not let a privilege few who used their assets to get ahead also derail the conversation because now their feelings are getting hurt.
11
@me Let's see her donate most of the money to charity if it about principle; she certainly doesn't need it.
4
@meBut they didn't just call her gorgeous--the actor made a rape joke, which is a crime, and also creates a hostile work environment. Her feelings weren't hurt--she was threatened with sexually aggressive language. Which is different from flirting! There is a vast difference!
6
@me
She's an actress, not a model.
And no one should be humiliated, treated to jokes about rape and their sex life (the threesome comments) while at work, no matter what they look like.
It's not a matter of "feelings getting hurt' it's a matter of people treating others professionally and with respect in the workplace, so the can all do their jobs without fear of harm or humiliation.
5
I went to high school with Michael Weatherly at a boarding school where the very rich and famous (or infamous, a la Claus von Bulow) sent their poorly behaved and below average children. He had an air about him then that implied he didn't understand the consequences of his actions, and he still has it now. Settling with Ms. Dushku and buying her silence will only reinforce the fact that he has the ability to make it so the rules do not apply to him.
8
@S. Carlson
Sure, just ask Harvey.
Some of the comments here are tone deaf and part of the problem. No one should ever have to feel this way at work. Work is hard enough without this behavior as a cherry on top. Some of the attitudes here are part of the problem. No wonder victims don't want to report so the bad behavior goes on and on.
22
I'm confused. If she was awarded $9.5 million in agreement not to discuss the incidents, how is it that she gave all these details to The Times?
7
@GiGi
From NBC News:
The confidential settlement emerged during the current investigation of former CBS CEO Leslie Moonves, who was ousted in September
3
The article says ...
“ Ms. Dushku declined to comment for this article. “
@GiGi
Dushku declined to comment to the Times.
Here is how the Times got the information, it's right in the article:
"Details of Ms. Dushku’s experiences on “Bull” and the confidential settlement she reached with the company emerged during the course of an investigation that began in August, when the CBS Corporation board hired the law firms Covington & Burling and Debevoise & Plimpton to examine accusations of sexual misconduct made by multiple women against Leslie Moonves, the company’s former chief executive."
1
Well played Eliza. I am not positive but she just made almost 10 Million tax free dollars for a few sexual jokes. I know a demand from say a car accident is not taxable so maybe this won't be either. She or her lawyer knew CBS was against the ropes.
2
@fz1
As a lawyer it appears to me the compensation is for lost wages due to reporting sexual harassment. A sound principle don’t you think?
5
@Shamrock
Unlawful firing, perhaps - but I don't know the state law that applied. As a lawyer, could you please, please explain the legality of paying hush money? Isn't this a practice that's been called into question with #MeToo?
I really don't know which is dumber:
Mr Weathely's comments or the amount of money paid out to keep the accuser quiet.
Honestly, I wish someone would make a lewd comment about me so I couldn't pick up $9 million.
7
Oh please..... Such delicate little flowers all these highly independent, sexually liberated young women have become!
11
@India
Whether or not she is "delicate little flowers" is not the point. What was said to her was inappropriate. It doesn't matter if a person is independent/liberated/etc. or not. A person is still a person.
9
Exactly. I can't believe some of these comments. A rape joke is threatening -- it's no flirting!
2
@India, what is so mature, strong, or neccessary about making rape jokes at work? Men who can't deal with getting blowback for being unprofessional jerks are the real delicate flowers.
3
I am saddened and appalled that a large proportion of the commenters here are applying a 20th or even 19th century double standard to this situation. They do not seem to realize that any employee has the legal right to work in a situation free from sexual harassment, and that they have a legal right to complain if they feel harassed. In cases of demonstrable harssment, an employer has the legal obligation to correct the situation. Instead CBS chose to retaliate against the complaining employee, damaging her career, so she had every right to sue for damages, and she deserved every penny she received. This needs to happen often enough, in every part of our society from the top down — you know who I mean — until everyone gets the message that harassment is unacceptable.
36
This type of behavior is not acceptable, but equal to $9.5 million? No! This is an insult to women who are subjected to this behavior in a regular office setting.
Ridiculous settlement which can only happen if somebody has funds for the best attorneys or is famous.
Sending a message? Yes, Hollywood women are put on a pedestal while ordinary women are not.
Stunning that a court could equate these actions with $9.5 million.
Stunning that this is seen as helping women’s rights. This is a story about elites and does not in anyway help women’s rights. Makes you wonder if this is a TMZ article or The New York Times.
11
@Stuart Mayer Why does the money even matter to you? The article clearly states that they planned for her to be on the show for 4 years and she received the amount of money she would have earned.
8
@Stuart Mayer
"...but equal to $9.5 million?"
How much did CBS pay the perpetrator while they kept him on the job? Surely a victim should get more than the person causing the problem/harm. CBS choose to keep Weatherly and instead kicked out the victim. I think it is fine if they have to pay an extra penalty for that.
6
You didn’t read the article did you?
8
Mr. Weatherly has a problem which many male 'centers of the universe' fail to grasp.
As a viewer of his, I can exercise my freedom to boycott Mr. Weatherly for the remainder of his miserable 'entertainment' existence.
6
CBS morning and evening news remain my favorites when I turn to TV for news, though CBS is leading the pack in criminal governance at the top starting with Moonves to CBS law firm to CBS board. Clean house please.
3
I think this captured a glimpse of the male culture of TV and film crew atmosphere. It is very rare that production is predominantly female. This male locker room atmosphere is the norm. Then add a bunch of men with egos the size of Russia and it can be a terrifying atmosphere. It is not safe, you either play along and get your check or you leave. It is not that these guys don't get that they are inappropriate, it's that they are openly flaunting that they don't care and that they don't have to. Until men begin schooling men this culture will never disappear. Where are the men on the crew who find it intolerable and stand up and say something? Unemployed. Things must change. I have worked in many male dominated trades and until men are hit in the wallet they will continue living in this kind of culture. That's one reason to make sure all highly paid crafts and trades employ women at the percentages that they populate the country. Is that 55% now? The second reason would be to make sure that women have the same financial power, which gives them the power to defend themselves and to live above the poverty line.
14
Without knowing about and certainly not condoning anything that may have been occurring on the set I was pleased when she disappeared from the show. Nothing against Dushku herself, but I didn't think the character she played worked. I found the character annoying and I didn't like or believe the on-screen "chemistry" between her and Weatherly.
7
Men often miss a subtle, but key point in these situations. Making even "PG-rated" sexual jokes or being lightly playful or teasing about sexual attraction in a work setting serves to "sexualize" the situation. It doesn't take hard-core comments to make that happen.
When a situation is "sexualized," women are jolted into an awkward, embarrassing, or deflated condition. They immediately lose equal footing and safety. That's because women's role in sex is stereotyped as subservient or conquered. Even a subtle reference to sex can have an instant chilling effect on a woman's intellectual contribution to the work at hand.
Unfortunately, the fact that it's nearly always subtle often produces an "eye roll" response from the perpetrators of the situation. But, it's not subtle in the long run. It's these many tiny humiliations that add up to a woman being less and less confident in the workplace over time. $9.5 million is just a guess at the long term price of that. The sad truth is all women face these moments, but so few are ever paid for the damage.
46
Weatherly, here's a newsflash for you: If the jokes make someone feel uncomfortable, when they're made at someone else's expense, it's harassment. Your sense of humor is the one that needs adjustment.
No matter their age or their race, pretend every woman on set is your daughter. Then, act accordingly. Unless you're 45. And a pig.
27
This is not a defense of the show. I did see the early show, and did not really care about the character Ms. Dushku portray and expected to portray. ( a well known woman attorney who is a bit of a tease ) In either case, the chemistry between the two characters were rather artificial, and in a way detract from the solve one case per week format.
That the situation happened during the early months of the first season of the show and it was during the "Me too " probably helped the show and CBS to make the decision to offer a large settlement. Whether CBS and "Bull" would have made a similar settlement now that the show is in the third season, and there are "push back" against the Me too movement would be an open question.
7
I enjoy humorous bantering with male colleagues...sometime a little blue humor. I grew up in a family with brothers and male cousins, so perhaps I'm more tough-skinned than some.
However, I don't condone inappropriate touching for gross vulgarity for the sake of embarrassment. I don't believe this was the case at Bull.
Such a fine line...I think, in this case, Ms. Dushku really played the system. I'm sure I'll hear from a barrage of haters after making this comment...
27
@Helen--Nothing wrong with you enjoying "humorous bantering." But, when a woman does not and approaches the man and tells him so, and he continues on with it, it has left the realm of humor and entered the area of disrespect. No one should be demeaned when they express discomfort in a situation. For men, or women, to continue on with the "humorous bantering" after being asked to stop is bullying and cruel. Just because you think it's fine doesn't mean it is.
46
@Helen in your situation, it seems like mutual joking between coworkers. If one of your coworkers felt uncomfortable and asked you to stop, how would you react? The right response to being told that you're making someone uncomfortable isn't to get them fired, which is what Weatherly did here. The right response is to say "sorry, I didn't realize" and stop doing it. I think that's the crucial part of this story-- not the initial actions, but the way the response was handled.
44
@Helen you're absolutely right. She's a successful actress who exploited the #metoo moment to make herself even more richer. It's ridiculous that we are expected to feel compassion for her. So many bigger issues in our society...
8
Lots of triggered men on this comment thread. Do you dislike women so much that you disdain for "not putting up with a joke"? You are the men who care only for your diminishing (and for good reasons) hegemony. Snowflakes.
23
I am fascinated as to what has become “harassment”. We have truly become a nation of babies. I am so happy to have come of age in the 70’s when Lenny Bruce was feted, humor was funny and folks had a bit thicker skin.
15
@Beyond Karma
Do you mean the time when Lenny Bruce was arrrested and tried on obscenity charges?
4
@a that was in the 60’s. By the 70’s he was well respected and had opened the door for folks like Richard Pryor and George Carlin.
3
@Beyond Karma, interesting juxtaposition – Pryor was a wife-beater and abuser, Carlin was not. Carlin was genuinely funny, Pryor not so much. Just my opinion.
There's a trend towards claims of humiliation--similar ones for heartbreak--over the most innocuous things.
"We need a beautiful woman to pull the winning raffle ticket" equals humiliation? How?
Ms Dushku may have some valid claims but she also never has to work again if she doesn't want to.
Harrassment is a real problem with real victims. And maybe she is one. But being invited to a party where liquor is served and you don't drink is not harassment in my book.
20
The amount paid is not exorbitant when you consider that an incident like this, that tags an actor as a "troublemaker," puts an actor out of work for a very long time --and in the case of a women, perhaps so long that recovery is not possible. It is incredible that Weatherly did not realize that the moment he wrote an email about Dushku's "sense of humor" he was getting her fired. The whole CBS environment was (is?) one in which a woman without the required sense of "humor" was a threat to countless men. I have enjoyed this show on and off, but I don't think I can enjoy watching Weatherly any more.
17
@Pamela Don't worry, she has had a long career and has just married one of the wealthiest men in Boston.
10
@BB "Has had" a long career is operative. She's a veteran actress now in her late 30s...the roles for her will get more and more sparse as the years progress. I'm not sure why the finances of her husband are relevant.
5
@BB
If she's blackballed she won't. And, what does being married (to someone rich or not) have to do with having a satisfying career?
7
The amount of money paid appears to be exorbitant. Great lawyers.
10
@Avi
Agreed. I am tired of everyone taking things so far out of context! I like Michael Weatherby, I feel sorry for men, since the me too movement has gotten totally out of control, a man should be afraid to say anything because it will be spun to make some ACTRESS A NICE SETTLEMENT! There are a lot of cases that women are being sexually abused! This is NOT one of them! Women with sons, think, would you like your son put through the wringer because someone literally searched for something to wreck a mansd reputation!
11
@Avi--She was paid $35,000 per episode. The settlement was to cover the salary she would have made if she had stayed on the show for the 4-year term that had been arranged. In real life, those sums seem exorbitant. For television actors, it is not. Some TV actors make a million or more per episode.
13
@Linda
I think you may need to reread the article.
It’s clear she tried to handle a difficult workplace situation appropriately and was retaliated against as a result.
Would you want a daughter of yours to be sexually harassed in this way and/or lose her job for refusing to be demeaned professionally and standing up for herself?
7
I don't know who any of these actors are and have never seen their shows. But, Mr. Weatherly's behavior is certainly familiar. Men who think their sexist remarks are funny "jokes" are everywhere, and #MeToo hasn't even made a dent in their numbers. The "jokes" just keep coming, women keep being accused of having no sense of humor for not going along with the "jokes," and the women lose jobs and income, while the men go on. It's evident from some of the comments here that #MeToo hasn't been a success in real life. Men still ridicule and humiliate women for speaking up. The women are still expected to shut up, smile and go along while men tell their little rape "jokes" and make their little sexual comments. Ms. Dushku may have settled, but for most women, smiling at men's sexual "jokes" is still very much a way of life.
192
@Ms. Pea, since you seem to have been living in a convent and have never seen either of the most popular TV series over the past few years, we may suggest that you refrain yourself from the "internet" as well.
@Dan Farrell
Have you been strapped to your chair and forced to watch what passes for entertainment on American TV? No? Then I would argue that Ms. Pea may likely have better taste in media than thou. As do I and all the other nuns here.
13
@Dan Farrell I have seen those shows and most certainly not been living in a convent. I agree 100% with Ms Pea. #metoo has not yet begun to serve the women who speak out, who on the whole are punished for their courage. Sorry my friend it is you that are blind.
19
CBS is rotten from the inside out...sounds like Wells Fargo
11
As someone who worked in newsrooms in the 1980s and 1990s and 2000s, it's extraordinary to hear that someone can be paid $9.5 million for enduring the pain and suffering of a few crude sexual remarks aimed at mocking something in a TV script -- not even directed specifically at her, based on the unchallenged facts in this story.
As part of the adrenaline rush and psychological stress of covering tragic and dramatic moments, both men and women reporters commonly used gallows humor and crude jokes and observations as a vent to relieve some of the pressure.
I'm not holding that culture out as exemplary, or recalling those as halcyon days. But women and men were expected to be able to function without falling apart under duress that sometimes included covering wars, riots and natural disasters. A few crude remarks weren't seen as emotionally disabling. And a person who was too crude or too inappropriate generally got avoided and usually was eventually weeded out.
Good luck to Ms. Dushku in what no doubt will be a long, painful recuperation from the damage inflicted by a series of bad jokes. But I cant help but feel this case is an example of the infantile-izing of our culture.
126
@Philboyd Very well said. I am with you a thousand percent on this one.
20
@Philboyd she settled a case involving a wrongful termination, which the network agreed could be seen as a result of attempting to talk with her colleague about his inappropriate behavior.
If only more female journalists had her earning power in the ‘90-‘00s, we may have heard about their wrongful termination suits as well.
War and trauma don’t bring out rape jokes in everyone who engages in gallows humor. If you think the boorish behavior and the infantilism of men who do engage in them during times of duress should be tolerated by women just to ensure their professional longevity, you are part of the problem. Young people today are doing better and I applaud them.
Best regards.
125
@Philboyd
She wasn't compensated for the "jokes." She was compensated for being fired after complaining about it. All they had to do was address her concerns and not fire her, but that was too much for Michael Weatherly's ego.
144
Where do I sign up? I'll go to the local CVS and buy some super duper ear plugs, hang out on the set of Bull for about a month, express my concern about sexual harrassment, and collect a $9.5 million settlement. Invested wisely, I'll be set for life. I do think this metoo movement has gone too far. I felt "uncomfortable" nearly every day of my working life, but I developed a thick skin, put my head down and continued working. The 'jokes' continued even when I was a partner. Are some off-color words really worth nearly 10 million bucks? Whatever happened to the old saying, "Sticks and stones may break my bones, but words will never harm me?"
60
@Kalona311
I'm so tired of these types of comments from people who endured this type of harassment... they assert that they just dealt with it and therefore, everyone else should have to just deal with it if it happens to them. What kind of argument is that? They talk about it like it's a badge of honor. The idea is to change things so that my young daughters (and all the other young girls out there) don't have to deal with it at all.
152
The settlement was not for the discomfort. It was for being unfairly terminated when she expressed discomfort due to the ongoing and repeated harassment. Know the difference. Blame the perpetrator and the company that protected him, not the victim.
We should thank Ms Eliza for her role in preventing this type of behavior and hostile environment from being propagated by other men and companies, knowing there is a significant consequence for doing so.
47
Why endure harassment on a daily basis, and have to develop thick skin, when we can teach people to behave better, and not harass others? I’m sorry, but don’t blame the victim for having thin skin, and tolerate harassment. I feel sad for those who just tough it out.
40
We will no longer watch this show. I hope others who become aware of the lead star's behavior also stop watching this show.
11
@Mark
Nobody knows if you're watching - complain to the sponsors.
I would have thought Mr. Wealtherly would have been more sensitive to cracking sexist joke when women were present, but maybe when you have been on top of the mountain for many years, then one follows a conceited fall like so many before him have. Sad. A well enjoyed actor now with a big disappointing smear on his face.
6
Now I'm wondering if we'll be hearing from Pauley Perrette soon. This gives substance to her comments when she left NCIS.
10
@Chris Yes. and maybe you can say where one can find her docu on mark lane. dvd format if possible. thnx.
@Chris Pauley and Michael are great friends. She likely was talking about Les Moonves.
Where can I sign up for this sort of treatment (and compensation)?
I’m willing to be offended by just about anything.
21
I think the important takeaway on a story like this is understanding that the #metoo movement is not just about bringing justice to sexual harassers, it is also about understanding the fundamental attitude society has towards women. Sexual harassment is not to be downplayed, it is a very serious problem that needs to be addressed even now that it has been exposed, but men, especially men in power, need to learn to respect women, at all points in her life. The comments made about Ms. Dushku demonstrate this. Making comments like these not only disrespects women, it disrespects them in the most horrable, basal way: by targeting their bodies, and their sex. It is not only actions that need to be held accountable, it is attitude as well.
19
if CBS was truly serious about changing the attitudes in their company and making a point to 'talent', management and staff, they would include specific Clauses that forbid joking on sexual topics or in ways that are offensive and inappropriate and it would either fine staff and talent for such misconduct like some sports leagues do cultural or terminate their programs.
5
9,5 million for enduring a few tasteless jokes. How much are disabled U.S. veterans paid for enduring a lost limb or worse for the rest of their lives?
162
@Marco Eliza deserves significantly more than the equivalent of a contract fulfilled. This is a rare instance in which I'd like to see Gloria-you-know-who involved.
18
You have to understand that the most important people in our society are the entertainers. We’re a capitalist society and we vote with our dollars and they’re all going to entertainers...and Walmart
7
@Marco
Good point. "Uncomfortable" vs "unlivable." Country's value systems seriously out of whack, largely due to a media entertainment-based culture; the result of a sustained post WWII marketing attack on the citizenry by capitalist commercialism run wild.
Sorry for the rant.
31
I really would appreciate it if Hollywood would clean up its own act before sanctimoniously preaching morality to the rest of us. Even in a world full of politicians, lawyers and rockers, they take sleaze to a whole new level.
2
“It’s my recollection that I didn’t tell anyone how they should do their job regarding the hiring or firing of anybody,”
What a clumsy way to say, "Yeah, I did it."
15
In 2001 Eliza played the role of Sissy in the movie Jay and Silent Bob Strike Back, which has more vulgarity and sexually themed humor (undoubtedly offensive to many) than any movie imaginable. If she is so offended by that type of humor, then why did she make that movie?
59
@Patrick No. Just No. Its called acting.
53
It was about wrongful termination for complaining about it. That should be clear.
40
@Patrick and in "Buffy the Vampire Slayer", she played Faith, a character who was often punched, kicked, and stabbed. You realize that doesn't mean that she wants to be assaulted in real life, right? Playing a character and reading lines isn't the same as actual, real-life behavior.
(Not to mention-- from everything I've heard of Kevin Smith, he's a decent guy and wouldn't fire someone who didn't want to be sexually harassed.)
41
The outrageous amount of money paid in settlement to Ms. Dushku reflects extremely poor managment at CBS. Having to listen to 3 poorly considered comments/jokes on set does not establish harassment, or a pattern. Instead, it shows Mr. Weatherly to be a juvenile in adult clothing who behaves badly. CBS management should have disciplined him, counselled both of them about appropriate professional behavior and carried on with the show. If he continued his puerile behavior then he should have been fired. $9.5 million dollars for four years of work on a TV show (if that s what you call it) is obscene. Those of us that actually work for a living are repulsed. To investors I suggest that you short the stock. Sponsors should demand to pay less advertising on the network.
4
@Toni I want the NYT to cover harassment in non-million dollar work environments to the same or greater extent than they do this stuff. One story about blue collar workers at Ford relentlessly harassed, assaulted, groped, catcalled, etc. in ways that make this stuff look like nothing. One story about tech. Several about fraternities. Put it all together.
If you're reading this NYT, I encourage you to cover harassment and assault of women and men (especially gay and trans) at every level, and to analyze it as systemic workplace culture.
7
This is how lawsuits (or threatened lawsuits) and settlements work. Allegation of wrongdoing, establishment of the injury arising from the wrongdoing, estimation of the damages (the cost of the injury) and negotiation of how much of those damages will be paid. The stronger the case (the evidence of wrongdoing), the higher the settlement payment amount.
Here, there was a strong case and clear indications of what the party making the allegations would have made if it were not for the wrongdoing. That was 9.5 million dollars over four years. Calculation done. That’s what this actor was going to be paid. Actors, professional athletes, surgeons, finance professionals, lawyers, tech workers—they all get paid fairly well. So if damages are calculated in relation to what they earn, the dollar amount is likely to be high.
Being mad that some people are paid well is pointless. Take action to support politicians and policies that support a living wage (a meaningful minimum wage) is useful, as is pursuing education and career choices that lead to a higher-paying job.
5
@Toni
"CBS management should have disciplined him, counselled both of them about appropriate professional behavior and carried on with the show."
Probably. I think that Ms. Dushku was hoping that by raising the issue, Mr. Weatherly would cease the harassing behavior, act more professionally and they both could have carried on doing their jobs on the show.
But instead, CBS and TPTB at Bull decided to retaliate by firing her, costing her work, earnings and exposure (a valuable thing to an actor). The settlement reflected what CBS and Dushku agreed was a fair value for the work CBS took from her.
1
I guess of Amblin decided not to comment, Mr. Spielberg wasn't as angry as he should have been.
4
Ironically, Weatherly himself was the victim of network power games about 10 years ago when he starred in DARK ANGEL.
Fox wanted one of the minor actors in DARK ANGEL to star in SUPERNATURAL, but the actor wouldn't leave ANGEL. So the network cancelled DARK ANGEL and left all the members of its large cast, including Weatherly, unemployed.
I guess Weatherly didn't have as much clout back then. Clout and power seems to be all that matters in Hollywood.
3
Weatherly's well-rehearsed, lame excuses would be the saddest part of this column if it weren't for the fact that a woman's career is ruined because she doesn't appreciate the juvenile humor enjoyed by the show's star at her expense.
As examples of crime drama go, this show is far from the A-list. I saw it as a way for Phil McGraw to use his millions in the service of mythologizing his life story while making himself good-looking and invincible in the process.
This incident is proof #MeToo means nothing to male executives in Hollywood, most egregiously at CBS. More house-cleaning is essential.
12
@Lois
It sounds like some executives take it seriously, if this is any indication:
" “If Steven ever knew about this, he would be so horrified,” Ms. Feldman said, referring to Mr. Spielberg, the chief executive of Amblin Partners..."
A good lesson for all men. Make no reference to any woman's appearance. Keep your eyes focused straight ahead, and never look for more than a millisecond at a woman's body below the neck. Constrain your verbal interaction with women to matters of the weather. When in business meetings with women present, defer to them at all times, and always address them as "Ms.", followed by their last name only (hyphenated, of course if you know that the woman is married). In social settings, never engage in one on one conversation with a woman who is not your spouse. And above all, build up your personal wealth, because you never know when you will be hit with a sexual harassment lawsuit, despite following every one of these rules.
9
Seriously? No one claimed Weatherly looked at a woman or had a conversation with an unmarried woman at work. The jokes he made would have been inappropriate in any context. Decent men have nothing to fear from women expecting decency in the workplace.
And notably, Dushku didn’t initially sue (actually she never sued.) She tried to handle the situation internally even talking to Weatherly directly without any supervisors present. His response was to question her sense of humor and get her kicked off the set.
15
@paul
Agree with you entirely! I am tired of everyone trying to jump on the Me Too band wagon! It is amazing how many take a large settlement and then continue to complain! When you don't like what is said, if you are in the room, exit the room! Everything does not have to go to a lawyer! Women have choices too! You , also , might decide, you do not have to listen, you can ignore ridiculous jokes! Granted, it is not nice but do you job and avoid the person saying them!
How do you avoid your co-star when acting with them in a scene?
2
I hope Proskauer is ashamed of itself for representing harassers and discriminators and shutting down victims. It looks like, in this case, the firm had no choice but to advise settlement, because there were multiple witnesses and a video. A law suit might have cost their clients millions in damage payments and ended a lucrative TV show. In short, the evidence was so overwhelming that there was no way to smear the victim. Or believe me, that’s what would have occurred.
I’d like the Proskauer attorney who represented my dishonest, opportunistic employers to know that illegally, unjustly losing my job, at an age when I could not find another, nearly destroyed the lives of me and my husband. Fortunately, I am tough, and was fortunate, and we survived; but not without long-term damage to our health and security.
Age and sex discrimination and sexual harassment destroy lives. The attorneys who faciliate these evils, including by silencing victims, feed their children with blood money. (Yes, you.)
I was afforded a brief look at the attorney who orchestrated my assassination. She couldn’t look me in the eye.
Non-disclosure agreements prevent people from telling the truth. It’s acceptable, ethically, to represent most clients. But like the woman attorney who, at a meeting about employment issues, proudly proclaimed “I help employers fire people,” the woman who represented my employer sold herself cheap.
I survived, but have not forgotten and do not forgive. Let us speak.
6
@RCT
Nondisclosure agreements should be illegal. It appears they don't work very well, anyway! Isn't there a movement out there to make this happen, post Stormy?
The male attitude must change!
2
@tbs
We don't really care about the attitude; it's a couple of other organs attached to it that are causing the problems.
Wow. $9.5M in hush money. I suppose Michael Cohen is worth his weight in gold if got Trump out from similar troubles for $130K
1
@Professor Ice
The $9.5 represents the value of Ms. Dushku's lost earnings, since CBS decided to retaliate against her, firing her when she reported the on-set harassment.
@Professor Ice
You get what you pay for. He isn't done paying, yet.
Michael Weatherly can take me to any Van he wants to.
Invest that money wisely, snowflake, because you may never work again.
5
@Pullet Surprise
Sadly you might be right about Ms Dushku having trouble finding work.
But the only snowflake in this story seems to be Mr Weatherby, who seemed unable to deal with the fact that a co-worker found his so-called “jokes” offensive and un-funny.
2
@Pullet Surprise
I could live off the mere 2% annual interest on that quite nicely, thank you. I hope this cushion allows her to be more selective about future roles.
1
When will actors, specifically male actors, realize they are not (!) the characters on their shows.
If you play a bank robber you're not a bank robber in real life. If women love you on a show that doesn't mean they love you in real life.
Mr. Weatherly is not by any means a Brad Pitt or a Brad Cooper. Why CBS would put up with this behavior from an actor of this (or any!) caliber is beyond me.
And his explanations fall far short. "It was a reference to a 1950's joke", "It was because of the van's characteristics", "My reference to her physique was a joke,".
If I did any of these things at my job (and acting is a job!) I'd be canned before the day is out. I don't understand why this is any different. Actor is the most optional job on the planet. There are literally tens of thousands of actors who want that job. Why do we need to put up with Mr. Weatherly's bad behavior.
And by the way, it rubbed me the wrong way the first time I saw it, "Bull: He'll Get You Off." GROSS! And unnecessary! How'd this pass muster? If it's a good show it'll do fine on it's own. It doesn't need this type of marketing. It's outdated and old. It feels like a friend's dad tell you how hot your classmate is. GROSS!
10
@Curtis Sumpter
The marketing is an indication of the taste level of the show - basic. A few years ago some brilliant Mad Men type agency tried marketing the Maryland Preakness (triple crown horse race) with the slogan: "Get your preak on" Even for the intended audience of inebriated gamblers, that one didn't cut the mustard, and was pulled. Apparently CBS is targeting this show to an even lower level of viewer. That's prime time broadcast in America - any wonder we have trouble with common decency?
The reason she was written out is simple. Once someone shows they are offended by such relatively anodyne comments no sensible employer would want to take the chance to keep them around. They had an option whether to have her stay and once they found that, after only a few episodes, they had an incompatible cast member on their hands they, wisely, let her go.
A few commenters have remarked that she seems to now be having trouble getting work..... well, DUH! What idiot would hire her now? She's a self identified problem child.
Pretty mild stuff to get so worked up about.
9
@Steve W
Aw, Steve, she didn't just get mad - she got even! Her "sensible employer" got the tab and bad press, just what they were trying to avoid. Maybe she should go into the mediation biz if acting loses it's lustre.
1
I enjoyed watching the show, but Dushku was brought in solely as "eye candy," and her gorgeous icyness was completely incompatible with Weatherly's character, who is flawed but warm. The show is severely hampered by bad writing -- specifically, the tendency to push implausible plotlines, of which the matchup of those two is a prime example. She was a poor choice for the role, and apparently she didn't fit in with the cast very well either. Too bad. I hope she goes on to better things, and that Weatherly survives this black mark.
4
As if Weatherly isn't also eye candy, because I have not seen any sign of real acting from him in any tv show.
4
CBS is making Fox News look like a feminist org.
32
@Paul
Now that's funny!
1
This is a case study in bad management at CBS. The entire episode is absurd as are the salaries in TV. My advice: Short the stock.
2
It’s pretty incredible to hear someone like this Weatherly guy - who I have never heard of, despite his being a “prime time mainstay” on CBS, trying to explain or brush off or downplay all of these comments. Clearly dude has not learned anything other than to offer tepid apologies, and clearly there is not a culture at CBS that would encourage any kind of lesson learning.
Which we clearly see, as Les Moonves prepares for the humiliation of receiving tens of millions of dollars as a going away present.
69
I’ve noticed that Michael Weatherly’s name has not appeared in the article titles for this story across news sites - unlike, say, Les Moonves or Bill Crosby. It can’t be because he is not well-known (he was one of the leads for the popular, long-running NCIS, before moving to Bull). Whereas the victim’s name is quite prominent. Is there still some unconscious desire to protect the guilty, esp one as popular as Weatherly, as if the whole thing occurred without his active participation ?
Some of the other comments would seem to suggest that, once again, it’s not a big deal, just another complainant out for a big payday (instead of considering that money is one of the few ways in this country to really force behavior change)
It’s still a boys’ club.
13
This is your basic idiocy of TV and show biz. Truly women are abused every day, and they have no recourse and that is a story to pursue. These are rich white people trying to make a buck. Who really cares....... It's a stupid show anyway. Now she gets $9.5 Million I guess this trauma will scar her for life. We don't hear about a cashier who gets hit on by her boss, but takes it to earn a living. Please this story is just stupid.
4
The response to the three finger gesture is actually one of the funniest things I’ve read in 2018. The gesture I’m thinking of is commonly used to say “I’m cool”, a lot of rappers have used it in their videos, etc. Had a rapper used it and Mr. Weatherly responded “threesome?” it would have been funny but not as funny because they use it within a different context. But a white woman using it, appropriating it no less, creates the space for justifiable misinterpretation. This happens quite often and comedians like Amy Schumer, Tina Fey and Amy Poehler have mined it. If Bull is indeed canceled, Mr. Weatherly may get offers to do stand-up.
3
Personally I find the whole premise for the show Bull a complete mockery of any concept of justice that I was ever taught. It's pure self indulgent arrogance and what goes on behind the camera hardly comes as any surprise whatsoever. Danozo should never have left Gibbs' side.
2
In 1961 FCC Chairman Newton Minow called television programming "a vast wasteland."
Nothing much has changed, except "vast" has become vaster.
10
I am a movie lover and I've always thought Ms Dushku is a very attractive, intelligent and articulate actor who's never gotten many movie roles probably because of those very qualifications. She worked in the first "Wrong Turn" movies and it's the best one out of that whole bunch of series.
6
@Gert -- "who's never gotten many movie roles probably because of those very qualifications"
Or because she is difficult to work with. That happens too.
3
@Mark Thomason
Source?
Almost every case we read or hear about concerns men in the entertainment industry abusing actresses or news anchors. Firing her was unexcusable but what about the secretaries, waitresses and blue collar workers who are regularly abused, get fired and often get nothing let alone a $9 million payout??
12
@Lola Lawyers tell me that its much better to be harassed working in a lucrative industry like film or TV. The harassment is the same but the payoff is spectacular.
3
I discovered this TV series earlier this year and was intrigued by its premise and the work of several of its cast members. Yet I stopped watching after a while because something about the lead actor, Mr. Weatherly, gave me a slightly nauseated feeling. Now I know.
12
Michael Weatherly falls into similar roles. Much of his behavior could be found on NCIS when he got a slap on the back of his head, for stupid and sometimes nauseating comments. He’s the one who should’ve gotten fired...but then no more Bull.
5
I have never like Mr. Weatherly and will not watch "Bull". Now I know why:
"In front of the cast and crew, Mr. Weatherly remarked on her appearance, and made a rape joke and a comment about a threesome."
Just another Leslie Moonves predatory boy. Hopefully this will be the death knoll for the show. Any women and/or Socially Conscious man who watches it is saying this kind of behavior is acceptable. It is not.
14
@njglea Did you read the article?
1
@T.L.C.
He quoted from the article, indicating he read at least some of it. But did you read the part about the outtakes?
1
I’m sorry, but I happen to think that a concomitant problem here that is maybe not unrelated is the fact that society has decided someone’s career is worth $9M while others must work 60 hours a week and still need to rely on food stamps.
16
@unreceivedogma
sports.
1
This case is interesting to me. I have no doubt she's telling the truth. I have no doubt what he did was wrong. I have no doubt, as the star of the show, his inappropriate behavior empowered others to behave equally inappropriately. They only doubt I have is how offended or upset she really was. I suspect not $9.5 million worth of offense or upset. Don't get me wrong, if you can't do the time, don't do the crime, so I don't feel bad for CBS and hopefully they are on the path to learning their lesson, I'm just saying, the bad behavior created an opportunity for her, she took it, and she reaped a windfall. Good for her, I guess.
5
@BCnyc
I suspect this comment is more about the writer than the victim.
6
@BCnyc
You're missing the part where they fired her. They paid her her contract, acknowledging that she had been fired in retaliation for complaining about the harassment. She only sued once she had been cut from the show. She didn't take an opportunity, she lost one when she was fired for standing up for herself.
10
@BCnyc I disagree. In the misogynistic cesspool that the entertainment industry has repeatedly shown itself to be, the fact that she complained and escalated her complaint will probably mean that many will decline to hire her. She's the victim, but many will brand her as the troublemaker. The men who are in charge will want to protect their privilege to treat women this way. Complaining may have cost her her career. It wasn't an opportunity, except to do the right thing and hopefully spare another woman this experience at the hands of Weatherly.
7
I was sickened and do not think I'll watch any CBS programs in light of the handling and the former CEO, although I'm not naive enough to think this is isolated to CBS (and NBC News).
2
One has to question if if the comment was only a $9,500 "harassment" which provided an opportunity for Ms. Dushku to act quite well to get a $9.5 million settlement. I suspect CBS overpaid because management was incompetent.
6
@Eugene Patrick Devany
They didn't offer a settlement because of the harassment.
They offered a settlement because they illegally fired her after she reported the harassment.
1
@lh
Not to mention the Moonves payout. CBS just has more money to spare than brains, apparently!
'' “Eliza,” he said in front of everyone, according to the interview notes, “we need you, the most beautiful woman, to come grab the raffle ticket.”
He didn't say come grab a sexual part.
Ms. Dushku, in her final moments as part of the “Bull” sphere, played along, although she felt “embarrassed and humiliated.” ''
9.5 million for being called a beautiful woman, gosh dang.
If she wasn't a beautiful woman, she would not have been cast. Her contract wasn't picked up because she didn't bring enough of a positive to the ratings. It's all about the money.
9
@Lawrence
I think the problem was she was written off the program after she complained. CBS knew that she had the right to complain and that firing her for this was not right in the eyes of the law.
25
@Lawrence
Even at this distance, "we need you, the most beautiful woman" sounds like scarcely veiled sarcasm. And given that it was done after she'd been fired, but was still working on the set, it's not rocket science to see this as a move to publicly humiliate her.
1
Eliza D came to BULL soon after accusing someone else of sexual assault after more than 20 years of silence. Caron, in searching for an actress to be Michael Weatherly's character's eventual lover, was foolish to pick someone who was making such accusations already. Any acting company would fire an actress is she had daily problems with working with the leading man. Obviously they had no chemistry. And I believe Weatherly that he was just making jokes about poor dialogue. She couldn't work with him, so they wrote her out. And I see that she hasn't worked for any other TV show in 2018.
15
Did you stop to think that she reported sexual harassment because it actually happened? Or do you think women should just shut up and take it?
4
@Elaine Durham You forgot about the part where clearly offensive comments were caught on tapes that CBS handed over to her lawyer proving that she was treated in a sexually humiliting way, and further she lost her job because she talked to the actor who didn't seem to like the fact that she didn't appeciate his "jokes".
So if women are treated in a demeaning way, according to you they should just take it, and if they complain they are troublemakers that should never be hired again.
5
Another example of a woman's voice silenced, her experience brushed under the rug. I hope the metoo movement has an impact by motivating the men and power brokers involved to change attitudes, not just behavior. But I have a feeling these guys just laugh it all off, convincing themselves they did nothing wrong, blaming the women for not 'having a sense of humor' (I mean really, rape jokes?? how utterly distasteful, gross and nasty).
As an older woman in her 60s I can recall many instances of such 'humor' and acts of sexual harrassment I experienced over the years. It saddens me to think of opportunities lost, my power usurped by the men who used sex and 'humor' and other subtle aggressions to intimidate and/or overpower. My advice to younger generation, keep it up! Your #metoo movement is working.
17
She agreed to be silent though. She could have made the allegation public.
4
@Wendy Confidentiality is a standard part of settlement agreements.
5
@Ellen S.
No.
She was not silenced. She very happily pocketed 10 millions $ which included a nondisclosure agreement.
She had the option of not receiving any $ and go public and try to sue the company. She chose the cash. It's ridiculous that you are painting her as a victim in this story. Not only is she not a victim, she is a super-smart person who played the system beautifully.
2
I'm very disappointed in the way the New York Times reported this story. The meat of the harassment buried 2 pages in. The first few paragraphs report Ms. Dushku was upset about "jokes" and offers the e-mail apology from Mr. Weatherly. The first comment reported is the fairly mild "here comes legs". More than halfway through the story is the comment about 'taking her to a rape van filled with phallic objects and lubricant'. That line should be the lead--the comment seems more like a threat than a joke. Part of the problematic culture that permits sexual threats and violence towards women is the way that it's reported in an attempt at 'balance'. NYT should do better.
27
@R.C.
I find it interesting that no one seems to be bothered by the original line in the script - the line on which Weatherly was commenting (windowless van). Apparently it would have been better to simply go with the flow than point out obvious innuendo.
Boycott until cancelled.
12
Eventually, if the #Metoo movement persists, "Boys just being boys." will get the point. Women don't like rude, inappropriate, sexualized comments. They never did and never will. The men who continue to drag their locker room talk out of the locker room will continue to get their due. It is about time.
30
@Patrick Stevens
Gotta wonder about men who talk smack about women while running around in towels with other men; does this really happen? And while we're on the topic, just what is it that causes men to ever do this in any setting? What do they get out of it?
Women at least confine our men smacking chat to same-sex confabs, don't we, girls?
where do I go to get $9Million? I have heard stupid jokes too
9
@Zenster She was written out of the show because she spoke up. That's called retaliation and it is a violation of employment law. The amount of the settlement was what she would have earned had they not written her out.
10
@Zenster
When you get fired for complaining about them.
9
@eava
Actually, that's not right. Zenster will get $9 million when (a) he does something in his life that the market determines is WORTH $9 million, and then (b) someone takes it away from him improperly.
I am so tired of finding out women I enjoy watching suddenly disappeared because of harassment or their push back against it. I thought Ms Dushku was a refreshing addition to the show Bull, which has since grown stale and predictable. I assumed she was working on a better project elsewhere. I actually wrote to the Today Show that after 30 years, since childhood, I would no longer be watching due to the terrible treatment of Ann Curry, my favorite morning host. I've followed her the best I can since then, but it's not easy as I'm a cord cutter. I'm glad I didn’t give any more of my attention to Matt Lauer.
Amazing women go missing from shows all the time.I assume it's because their talent is recognized, and receive better jobs. If I can't find them I assume it's a show or network I don't watch. How stupid I've been.
24
@Moved To Comment
Moved to respond: respectfully, I suggest canceling your cable and renewing your library card. The place to find "amazing women" is not on network television.
3
Hollywood has always been an illogical mix.......sexist Liberals.
3
What should have happened here? Every woman working on that show should have stopped work until Mr. Weatherly was suitably disciplined & Ms. Dushku reinstated. Women will make real progress when they learn to use their collective strength to support each other, as men learned several centuries ago.
13
@Catherine Glickman
More likely they'd be auditioning for her spot. Acting is a dog-eat-dog business.
Anyone doubting Ms. Dushku was injured by this scandal just needs to go to IMDB, for the past few years Ms. Dushku has had 2 or 3 roles. This year 0 roles.
Mr. Weatherly has always creeped-out me a little bit but that is just me.
I hope Ms. Dushku recovers and does well in the future.
29
There's a difference between being edgy and being creepy...and Weatherly found it. His inability to take constructive criticism from a fellow actor with an excellent longstanding reputation is highly problematic.
Why is that so hard, Michael, to understand that you stepped over the line and it is your responsibility to addresss the unpleasant consequences? Instead of taking the correction, you made it about her "sense of humor". Uh, no. It was about your misguided notion that it falls to women to put up while you hold no responsibility to them.
20
It's unfortunate there appears to be a lax culture at CBS; which for decades allowed Les Moonves to abuse his position.
Hopefully, cases such as this one, will continue to discourage any type of abuse, regardless of the severity.
There is no place for inappropriate comments and behavior - men know it - Mr. Weatherly and his crew member knew it - Mr. Moonves knew it - there's no pretending.
CBS needs to find itself...it's been lost for awhile.
7
Examples of non-jokes: verbal suggestions to imagine someone naked, engaging in a sex act, being assaulted, being raped.
Reasons such suggestions aren't funny: they objectify and belittle the target. They put the target at increased risk of insult and assault by other listeners. They are little symbolic rapes themselves.
People making such "jokes" might be doing it to ease their own discomfort at (for instance) feeling sexually attracted to someone who's clearly not sexually available to them, or perhaps as a crude, clueless effort at seduction.
They need to be taught that these "jokes" are proscribed, as racial slurs are, as threats of violence are, because of the way they tear and soil the social fabric, making it impossible for us to live together in safety and mutual respect.
25
@Portia
These "jokes" are seldom funny to anyone - they're just weaponized language, and I'm pretty sure that those who use them are seldom looking for a laugh.
2
i can’t help but think this is ridiculous. Much ado about nothing.
13
@Julian Pray tell: What, exactly, do you think is 'nothing'? Are you suggesting that women should feel uncomfortable in their place of work?
8
This is absolutely horrifying. Eliza just wanted to work and she was harassed and humiliated, rather than doing anything about it they paid her hush money. The harasser should have been fired and they should have kept her as the star.
10
I, for one, will never watch this show again. That’s the only way viewers disgusted by Weatherly’s behavior and CBS’s retaliation can effect change. When the ratings tank, the show will be cancelled.
8
I don't doubt that Dushku felt harassed by the comments. But why is everyone so quick to completely dismiss Weatherly's explanations? He might well be a bit crude at times, but isn't it also possible that she's just a little bit fragile?
I know I'm going to get dumped on for saying this. But somebody has to.
19
@Stevem she was fired for raising the issues. I hope that never happens to you, or that you get dumped on for being just a little bit fragile.
27
@Stevem -
Making the world safer for predators. Somebody has to.
16
@Stevem
Fragile, lovely. Rape jokes are never funny. Ever.
19
I will never understand for the life of me why some men behave this way. I would call them pigs but that is an insult to pigs. "Jokes" about rape are not funny. I never heard George Carlin or Richard Pryor do "jokes" about rape in their comedy routines.
12
As an actress, this makes me worried. Respect yes, but freedom is also very important to the creative process. If I can't put it all out there, including the rude, disrespectful, hilarious, not at all funny, angry, loving, flirty, sick, joyous, stupid, brilliant, and moist important: unpredictable, material that flows from me, then how am I going to act? Secondly, the people who really want to harm women, they'll be much more dangerous.
10
What exactly was creative about Weatherly's disrespect? How did that improve the show?
1
Note that under the new tax law, sexual harassment settlements that include an non disclosure clause will NOT be deductible. I wonder if that will the network's tolerance for jerks like Weatherly in the future.
4
Are people still allowed to make crude jokes with members of their own sex, or at least sexual orientation? Are we allowed to tell someone they're attractive? Would the characters Cary Grant played in so many movies be treated like Al Franken was if they were real human beings today?
If she lost her job because of her complaints she deserves compensation. But the things she was complaining about fall so breathtakingly short of the attacks and extortions suffered by so many Me Tooers that you have to wonder where all this is going.
It's beginning to feel like some people won't be satisfied until all women are wearing burkas.
10
Have you ever been humiliated in your work space by the alpha male? The one who sets the tone and makes other men feel it’s ok to join in the harassment?
2
@Anita Larson, or the alpha female? Let's not pretend that hostile workplaces are the domain of solely one gender (or that one gender is exempt from human nature).
2
@Anita Larson
Yes, I have been teased, insulted, and laughed at by both men and women in various workplaces . . . and it was no big deal. Ms. Dushku's experiences, being told she was attractive or that her holding up 3 fingers might mean she was interested in a threesome, might not have pleased her, but compared to the physical assaults, the threats, and the coercion that many women have faced, face now, and will continue to face for the foreseeable future, her "harassment" was pretty weak tea.
Losing her job over her complaints, on the other hand, was a clear violation of her rights, as I've already acknowledged.
Even thought it seems that Ms Dushku “won” this case, all she won was money. Good for her for coming forward, but let’s see how many jobs she gets from now on. This was a career setback that she may or may not recover from. Other productions will think twice about hiring her because she’s a “troublemaker”. In the end women that come forward lose anyway, and that’s unfair and sad.
13
@Olga Alvarez, she would have gotten badmouthed even if she hadn't fought back--a rep for being "difficult" would still follow her.
2
@Olga Alvarez
Nope, sometimes they just get hired by a different network - one that will be very careful not to make the same mistakes! And next time, these smart cookies will be able to afford some real junkyard dogs to "mediate" the heck out of perps on their behalf. It's all in the game we call justice.
The rape van comment wasn't a joke - it was a sick depravity about every woman and child's nightmare.
I'm glad to see Covington and Burling leading the investigation - they helped me start a business years ago - and I'm still impressed.
7
It appears that a large number of the commenters really didn't read carefully.
Ms. Dushku took appropriate action and asked her fellow actor to stop with the 'jokes' in person. Had he just apologized and stopped the story ends there. This is exactly how a person should handle this - go directly to the source of the problem and address things with that person directly and expect the situation to resolve. She couldn't have handled this more reasonably.
What did he do? He doesn't apologize, he doesn't stop, instead like a petulant child he decides to get her fired. Really?! get a person fired because they complained to you directly about your own nonsense. The guy here is the snowflake in his inability to tolerate any criticism of his bad behavior and then taking the 'nuclear' option with respect to a coworker.
The money is to address her wrongful termination.
523
Thank you for actually reading the article and for understanding that the money was not some sort of consolation prize!
6
I see good and bad in this. Ms. Dushku made all the right moves; she followed the process. There are others that did good in this; they followed the process. On the other hand, Mr. Weatherly should have been fired. The crew guy should have been fired. CBS should have insisted on training, which you may laugh at but having had to take training myself, I can say it is VERY specific to the does and don'ts. I have always found, though sometimes cheesy, it useful to everyone, male and female, on how to deal with these situations. I'm still amazed these large corporations haven't formalized the prevention process for this behaviour. The rest of corporate America bought into this years ago. A little due diligence would go a long way in establishing the guidelines and consequences and provide everyone with the comfort of an environment of respect and inclusion.
9
@Alistair
I hope the anti-harassment training is better than the diversity training I had to sit through years ago. That was just a painful charade.
Weatherly played an obnoxious character for several years on NCIS -- the show improved immensely after his departure. Maybe he doesn't see the difference between fantasy and reality ... Point is, that kind of behavior was not only condoned, it's been the basis for entire stories/character lines on many programs. Lets look at what the producers and show writers get away with too...
5
@E Milroy
Not to mention the viewing audience. These shows don't exist in a vacuum.
In the larger context, I wish Ms. Dushku had settled for far more than the 9.5mil. (Dear Lord, yet another secretive non-disclosure agreement forced into the settlement clause).
....and can someone explain to me to satisfaction why the ever hideously cocky Weatherly's salary wasn't cut down a notch or two or three, or better still, remind me again why this creep still has his job....
14
@RLC
Let's remember that Bill Clinton "settled" with Paula Jones - not because he believed himself guilty, but because the 2000 election was upon us and he didn't want to distract from Al Gore's campaign.
There could be lots of reasons that corporations "settle," and the non-disclosure is intended to protect both parties.
2
I wish I could get $10m the next time someone made me feel uncomfortable!
13
If you are let go because you complain and your lost job is worth $10K you will be compensated.
5
I loved Dushku on BUFFY, but I didn't think her performance, or any actor's performance, was worth more than $2 million a year, which was how much they figured she had lost when she was fired.
Just an example of how mindless Hollywood is.
2
These payments are usually covered by insurance policies. So the studio has to pay more in insurance, which it passes that cost on, so the network has to pay more, which it passes on to the advertisers, who have to pay more, so they raise the cost of their product. So ultimately, it's YOU and I, who pay for this cost.
8
@Exador
Not true.
I wondered why Eliza D. wasn’t on more! While I enjoy Michael Weatherly, I sought out Eliza and only took time to watch the show when she appeared. Your loss CBS.
4
Let's be clear, CBS didn't pay a dime in this settlement, their insurance policy/company paid it.
12
@Bobbyn
They're going to be looking at a big rate hike, soon!
Ms Dushku handled the situation correctly and was fired. Then they paid her 9.5 million not to say anything.
Seems to me the wrong person was punished in this case. Cancel the show and discipline the offending parties.
37
To everyone who can’t read carefully - the payment wasn’t because he made stupid jokes - it was because she asked him to stop and he fired her.
CBS needs to cancel this show immediately to make it sure these cheezy ‘star’ ‘producers’ understand how to behave professionally.
340
@Ted Pikul
Sorry, Ted, I disagree. The article does make it clear--start reading closely after the "rape van" part. She spoke to Weatherly about the behavior, Weatherly then sent a text to the president of CBS Television Studios saying he wanted to talk about Ms. Dushku's 'sense of humor.' A few days after that, she was written off the show.
All very clearly stated within a couple of paragraphs.
What she expected was that Weatherly, the star "everyone loves" would alter his own behavior thereby setting an example for the rest of the men on the set who seemed to take their cues from his off-color sense of humor. I guess she was pretty unhappy about what actually happened.
Fortunately for her, the lawyer who produced outtakes thinking her using swear words would doom her lawsuit made a really big mistake as the outtakes also proved her point.
It always astounds me that men engage in this sort of non-stop toxic male sexual innuendo joking around and think a woman should be fine with it if she uses swear words.
68
Sounds like she beat them at their own game. She handled the issue well and properly escalated it. Then got paid when she was wrongly dismissed. Plus the story leaked anyway. Sets a good example of not tolerating this garbage.
127
@DW. She may have a much more difficult time finding work from now on. They wrote her a very nice check, but she's not really a winner here.
26
@Sparky
I think she could live very comfortably off of $9 million dollars , unless she turns spendthrift. Why would she need to work?
1
Because of course a woman should put up with any number of gross remarks that make her feel like a piece of meat so that she can keep her job, right? Just the price of working, Eliza. Now you're labelled "hard to work with" by the geniuses in Hollywood, who would rather employ and protect foul-mouthed creeps like Michael Weatherly than decent, hard-working actors who know how to treat their colleagues with respect. Business as usual; nothing to see here!
17
Thank you so much Eliza for sharing your story. I'm very sorry that this happened to you. I watch Bull and very much enjoyed your work in the show. From my experience, the worst has always been the silence and complicity of people standing around when the harasser is going off. But you are heard and your story matters.
33
Last year, my freshmen daughter appeared in her first HS theatre production. She had a tiny part where she had to reach into a senior actors front pant pocket to retrieve an item she was supposed to be stealing for the scene. After the show, because she thought she had taken too long to find the item, she apologized to him. In sum and substance, he told her he had "enjoyed" how long it had taken for her to root around inside his pocket. She was broken by the inference. He had a leadership role. There were other complaints. She reported hers, it was deemed not harassment. I wonder about this young man, who he will harass in the future. I don't have to wonder about my daughter. She is changed by what happened. She loved her theatre program, but now she views it largely as another required school activity. Her once safe school space is an inaugural #metoo wasteland she won't forget. I can offer her no solace. A Title VII expert, I have been sexually harassed in every job I've ever had. I've been fired for reporting it. There has to be a legal end to these secret agreements, the silencing of women/girls. Passing the trash, allowing inappropriate people and predators to continue advancing as women are made to give up the things they love, their own economic autonomy and personal safety stunted. Another taking from women. Yet more evidence of the civil rights atrocities faced by women with no support or intervention from the US Justice Department/EEOC.
281
@Underhiseye Take this to the school board. The adults in the room need to step up here.
And the adults in the room made poor choices here. There are the actions in the script but giving the part involved intimate contact to someone who is a 9th grader when I assume the other actor is old is an act of intimidation. The older actor turned it into an act of humiliation. These failures of leadership should be confronted and addressed.
We are dealing with a situation in our small town where a young man was preying on younger women in high school just as the school was attempting to get funds for a major new build. When several women came forward and the school administration tried to surpress their stories, shock waves spread through our community. Deal with the failure of leadership in the adults. Otherwise these things fester and the result can be like ours. People voted down that levy in a town where we support our schools. In this case, our school let us down big time.
42
@Underhiseye Was there an adult directing this HS production? Was the "rooting about" part of the plan? Was it rehearsed? Something is missing in this narrative.
19
Nothing is missing from the narrative. The writer clearly states that the daughter had to, as part of the script, reach into the front pocket to retrieve something. She apologized for taking too long, and her fellow actor said he enjoyed it — suggesting that the daughter of this writer had pleasured him in some way. And of course an adult was in charge, it’s a school play. But sometimes young people don’t want their parents “making a big deal” about something when the young person knows they’ll have to continue to return to that space and could be viewed as a snitch, especially when it involves the lead in the play. Which is further silencing. All pretty clear.
41
The "it was a joke" is the fallback of all those who test the boundaries and are pushed back. How often have you heard the excuse - always after the fact?
They say their thing, whether racist, sexist, criminal, whatever. Testing the waters to see how others react. If they get away with it it keeps escalating. Because it isn't a joke.
Its no different from those that do a tiny crime. Get away with it. And then try something a little more to see if they can get away with that too. They keep it up, always trying the next thing. The next thrill. Till they get caught. And then its the same excuse, I am sorry. I didn't mean it. It was just a joke.
87
This information, and more, about Michael Weatherly, has been on the gossip blogs forever. There are no real secrets in Hollywood, despite the NDAs.
15
I cannot think of an industry that is more racist and sexist than Hollywood. And yet they stand up and give speeches about the improprieties of Trump. Hypocritical much?
11
@Not 99pct You act as if Hollywood is a monolithic thing. So since Weatherly did something wrong, Meryl Streep, for example, can't share her views about Trump? Odd thinking.
7
One industry’s impropriety does not negate or forgive the actions of others, especially the morally bankrupt GOP.
5
@Paul Casting couches, sexual favors for roles, sexual harassment at work, blatant racism when casting, white-washing and blocking out minorities in roles is rampant. Isolated incident? Have you heard of someone named Harvey Weinstein?
2
So Weatherly in the flesh is a less correct version of the characters he plays. Then they cast someone with a history of having been sexually abused in the acting workplace to play a potential love interest. What could go wrong with that. CBS definitely has a culture problem!
I hope her settlement includes a deal for her to be cast in other shows. After sharing the money with her agent and her lawyer Dushku isn't going to have such a golden pot of money and may have a hard time finding work.
15
@Ginger
The lawyers probably didn't get as much as if it had gone to court. Even so, a few mil is a nice cushion against unemployment. I wonder if it's taxable.
I hear the "it was an attempt at humor" thing all the time. Rape is never funny. Don't joke about it and certainly don't joke about it work.
Ms Dushku has a big following. That's a big loss for a mediocre show. I'm glad she got the 9.5 mil.
38
@E Wait a minute, she did not get nearly enough. 9.5 was the contract for four years. What did she get for mental/emotional suffering? What did she get against future income loss. These numbers are way out of proportion for us underlings, but she was gypped.
6
It is inappropriate to comment on a woman's body or to talk about sexual activity at work. Ever. It was reported, and the person who reported was fired. This is a textbook case and Weatherly should be punished. 20 years ago this would have been a textbook case. Why does anyone think this is okay?
64
@Jeanne A Because he's a celebrity and he gets a pass that's why. As someone commented earlier the president is soundly ridiculed for this type of behavior while the likes of weatherly get to continue working on his at best mediocre show. It's always different when it's the other guy.
2
@Jeanne A
"It is inappropriate to comment on a woman's body or to talk about sexual activity at work. Ever."
Even when the woman's role at work is reliant on and consists largely of her body and sex appeal? If so, the industry's makeup artists and hair stylists are in for a rude awakening!
1
@Margo Channing
I'd be happy to have the president continue working- anywhere except in government.
2
Until the perpetrators pay these huge settlements out of their own pockets, there is no incentive for change.
55
Do people really not know how jokes work?
You can’t just say any awful thing and then “just kidding.” I don’t really want to spank you, I just want to demean you in front of your coworkers. I’m only a man if I can make you feel vulnerable and humiliated. See?
Come on! It IS possible to flirt without sexually harassing someone.
A bigger problem is that we should stop glorifying that “flirty” behavior by having shows built around characters like that. His behavior on set encouraged others to engage in similar behavior. How many people watched the show? Hollywood needs to treat actresses better and they also need better content.
73
To conclude that she "sold her silence" as some of the commenters do neglects the fact that Ms. Dushku was removed from this series where she would have received comparable monies and it is not a valid conclusion. Those in power model the behavior others' can safely choose; that Mr. Weatherly's behavior was setting the "tone" for the crew is clear throughout this article. Humor/jokes denigrating others or of a sexual, threatening or discriminating style were considered in most circumstances politically/socially incorrect until recently. That the CBS attorney Mr. Egstrong released the outtakes confirmed a picture is worth a 1000 words. Ms Dushku's advocacy for herself is admirable; it slowly, surely is making a difference.
61
@MWG
I wouldn't go so far as to say "slowly, surely" but maybe it's the exception that proves the rule: "squeaky wheel gets grease" is OK with me.
It's very clear that the environment Les Moonves helped create was at play here. It's not only emblematic of CBS but also of Hollywood, at large.
I don't feel like Michael was intentionally harassing Eliza and I don't really know if he also intended to get her fired. I think he could have been worried that she wouldn't be a team player with that kind of environment on set (as if anyone should be!) and the showrunner took that as a cue for him to not include the character any longer. I totally get how she didn't know who to talk to if the environment suggested everyone was "in" on this kind of behavior. She also could have feared retaliation for calling out a specific crew member.
The good ol' boys club seems alive and well. It's disappointing to see. Now I'm curious what else will come out from this Moonves investigation.
9
@Shannon By team player do you mean that it requires you to laugh at rape jokes and threesomes? Just so I know where you're coming from. It's harassment and she was fired because she didn't go along with the star on the show. Incredible.
2
Between stories such as this, and criticisms of the song "Baby it's cold outside", this issue has completely jumped the shark. My attitude about the whole metoo movement at this point is nothing more than "Whatever" and "Ridiculous".
21
@Jason Since you seem to be the lone male individual to address this absurdity, good on you. Actually, let me adjust my response; you are the lone individual to correctly address this item.
2
@JasonThanks Jason, this story really needed a man to weigh in on the sexual harassment of women. How else would we know what to think.
6
Spoken like a man who has never been threatened, intimidated or harassed. Women don’t think ‘Whatever’ when you make rape jokes to them at the work place, instead they clutch their keys as they walk to their cars at night.
9
Clearly she was wronged. But aren't the rest of us serfs wronged by tacitly agreeing that so called stars should be paid such outrageous wages? I'd like to comment some more but I'm late for work.
21
The solution involves turning off television displays and going for a walk.
3
"Oh, come on, I was just kidding. She has no sense of humor."
The first line of defense for anyone guilty of harassment.
279
Ms. Dushku has been acting for decades and has producing credits under her belt as well as many many acting credits. She is no blushing intern. If she can be pushed around by CBS I can only imagine what the much-less-powerful people (men and women) are going through.
145
I used to work with middle school children who when confronted with their verbal bullying almost always claimed that they were teasing.
Obviously adults try to use the same excuse. What neither age group got/gets is that words once said do not get magically erased. They made someone uncomfortable, they hurt, they put-down and dissed. Then the person to whom the words were addressed has to process feelings and try not to absorb the words meant to hurt or to put someone in their "place".
We saw this same behavior in a president who imitated a handicapped person.
101
And Michael Weatherly hasn't been fired because?
304
@Colin Grieve Because he makes big bucks for the network that's why. All is forgiven.
10
Because that idiotic, formulaic, generic show makes CBS tons of money. He is the show. All these companies care about is the bottom line. Depressing but true.
27
@Colin Grieve Because Les Moonves ran the network, and reportedly harassed many women. This climate clearly came from the top down.
21
So CBS protected itself at the expense of victims. Ms Dushku was paid 9.5 million dollars, the full value of her contract. I like Ms Dushku as an actress, and the things said to her weren't nice, but that's an awful lot of money for Ms Dushku, who can continue acting and making more money. Certainly she's not a financial victim.
13
I'm pretty sure no one said she was "a financial victim". The point is she was a victim of harassment and the fact that she got paid in a settlement doesn't in any way negate that.
12
I don’t get this one.
9 million for crude jokes, complaining about it, getting apologies and then your role is not continued? 9 million?
I’ll take that.
Seriously hard to see if this is something real or something that shows lawyers circling around exploiting the movement.
26
@Joe
I think the issue is that she was fired for speaking up. The 9.5M was paid to assure her silence that a major network would fire someone who complained about harassment rather than address the issue.
22
@Joe, You are right on.
3
@Joe, nine million doesn't make up for getting a rep as difficult or losing future jobs/your career because of unfair badmouthing.
2
This case of sexual harassment illustrates the problem with America’s treatment of women: the perpetrator still has his job as star of a TV series, while the victim is out of a job and appears to be subject to a confidentiality clause that prevents her from discussing the issue. Although she was extremely well compensated through the settlement, her career and ability to work are likely damaged and she will be forever marked by the treatment she received at the hands of Weatherly and CBS.
204
@J. Right. The other studios and decision makers may well decide to avoid casting her (because she's "trouble"), when you'd think they'd decide against casting the Weatherly fellow. She'll never know if that was the reason she failed an audition.
2
@PLombard
Or maybe she'll just take a bit of the proceeds and run her own show. Wouldn't that be loverly?
1
A man who is truly a gentleman does NOT disrespect a woman ilike Weatherly did by making snide/rude/sexual innuendoes remarks to Ms. Dushku even if it's in a private setting! His defense of his remarks is beneath contempt.
By CBS's offering a $9.5 million settlement to Ms. Dushku one can draw an adverse inference about the behavior of men in the CBS organization and the mindset of those who run it. Yes, CBS is entitled to take all available steps to protect itself and no doubt it acted on the advise of counsel. But that doesn't excuse the behavior of its employees/contractors/consultants who were involved in what happened to Ms. Dushku.
Although I'm not an attorney, since Weatherly's behavior was caught on video and as there are federal and state laws/regulations that prohibit sexual harassment in the workplace While I would have liked to see Ms. Dushku sue CBS in a court of competent jurisdiction I believe that she accepted the settlement because she was advised by her attorney that there was no guarantee that she would win a court case.
As the competent actress that she is I have no doubt that she will find future work in the entertainment industry that will pay her a good wage.
23
@Chuck The claim was not that she was harassed, but that she was in effect fired for complaining validly about being harassed. The settlement was for all of the compensation she could reasonably expect. While her lawyer might have pointed out that there was no guarantee she would win a court case, the lawyer probably put more weight on the point that it would be hard to get a lot more in damages (net of costs, including attorneys fees) from a win in court. As others have pointed out, the payout amount looks like a total capitulation by CBS, which suggests to me that there was some strong evidence that the major players directly sought her ouster because she complained. All CBS got out of the settlement is silence (well, they might have thought they were getting that) and an end to the legal fight.
13
@Steve Root
CBS got a black eye in Round 2, but let's wait for the knockout blow - maybe the stockholders will decide to clean house, maybe even hire a woman to run the place. Hopefully not a Sandberg type.
1
This will continue until US-style capitalism evolves to include ethics and values instead of just big chase for money at all costs. I can't believe with what businesses put up just for money.
15
@Mister Ed. I guess your comment explains why so many elected government officials, including capitalism-hating Democrats, have resigned after being accused of sexual harassment.
1
@Mister Ed
Golden geese, you mean? This one just laid an expensive egg. He might get cooked, in the long run.
When will men learn to keep their crude jokes unspoken and zippers zipped. I’ll never watch Bull again.
175
I never liked him on NCIS. He was totally inappropriate on that show. Arrogant and self entitled. And now he is actually living that way!!
He'll mess up again. They always do.
CBS needs to continue to clean house!!
26
@Sky
Chances are he was always arrogant and self entitled. Traits like that don't just appear over the course of doing a tv show.
9
"Buying the victim's silence" is a tool used to empower abusive people while simultaneously locking their victim's voice.
Our society should outlaw the use of legal silencing of victims. The truth comes through repetition. If the company is serious, it will work to ensure they never do something that causes another accusation.
111
What is most interesting is how money has ruled everything -- but how the dirt is beginning to show up anyway.
$ 9.5 Million--- written off as a business expense - another cost to taxpayers for taxes unpaid. And another assurance that the old boys are safe.
Non disclosure agreements that have to to with specific way a company does business do make sense: nondisclosure agreements which hide criminal or otherwise injurious behavior seem on the surface to simply be contrary to the law, and should be explicitly forbidden. Bribes - this iwas a bribe_ should be handled the old way - under the table - so that if exposed, it provides ground for legal action.
33
Cheryl, it should cheer you to learn that under the new tax law, settlements with non disclosure clauses will no longer be deductible. One of the few reasonable things to happen to the IRS code, ever.
14
I don't know what happened here and I wouldn't want to speculate. But I know she was dreadful and the sooner they got rid of her the better.
Having known a few actors in my life I wouldn't want to be too quick to take sides on this. Normal people do not become actors.
13
@mj
Normal people don’t categorize other people as not normal because of their profession. Unfortunately, it is normal, in the sense of common, for people to have strong opinions about people they don’t know. Normally, this kind of cheap judgement is triggered by deep insecurity and feelings of worthlessness.
87
@T
Amateur psychoanalysis is worth just exactly what one pays for it.
I'm with @mj on this one even if it puts me in the 'situational ethics' realm: The behavior described in this article sounds very much like workplace banter and, considering the industry, darned sure isn't worth $9.5 million!?
Methinks the lady has very thin skin and no sense of humor. But that's largely what #metoo is all about, isn't it.
7
@mj the spanking and rape van statements by Weatherly are enough by themselves to tell us what happened here. If those are his ideas of "ad lib jokes" then he needs to be the one to have his sense of humor evaluated, at the very least. Folks, this type of humor is not appropriate in the workplace in 2018.
Whether or not she was a good actor, or whether she is normal, those things are not mitigating factors and bringing them up make our own motives look suspect.
47
"Mr. Weatherly, Mr. Caron and Amblin Television were parties to the settlement agreement, which prohibited Ms. Dushku from discussing her experiences on the show in exchange for the $9.5 million payment."
Do you see a problem in how the original problem of sexual harassment was settled? It silences Ms. Dushku and prevents her "from discussing her experiences on the show in exchange for the $9.5 million payment."
Essentially it is buying her silence for a lot of cash. Is that how people and institutions protect themselves? Isn't it time to get rid of the "you-cannot-talk-about-this-settlement" clause? Is CBS afraid of openness? Is Michael Weatherly so indispensable? I am sure there is another fine actor who can replace him. Why not try that for a change CBS?
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@chickenlover
Another way to look at it is that she sold her silence for a $9.5M payment. Non-silence without any immediate money was an option, as far as I can tell from the story. I suspect she's an intelligent person who balanced the immediate $9.5M against the handful of crude experiences she felt she had and found it acceptable. The show might not even be on the air in 4 years, let alone be on the air with her as a character.
Mr. Weatherly's humor is not mine. But I think his bigger failing is not accepting that she found it uncomfortable and ending it with a sincere apology when he was given a chance (and communicating same to the crew). Might not have changed anything other than the optics, or maybe she accepts the apology, and everyone moves on without further harm.
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@SS
Very well said. As described in this article, the "harassment" doesn't remotely rise to the Harvey Weinstein level.
Paying people millions of dollars for hurt feelings (whether or not the hurt was intended) is an immorality of its own.
I hope the lady immediately donated the payout to a good cause.
22
@dbsmith. You miss the point. She wasn't being compensated for hurt feelings, but for lost revenue and business opportunities.
Being on a hit show could have led to millions in endorsements, additional work as an actress, etc.
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It is wishful thinking to imagine these problems are in any way unique to show business. However, most women lack the evidence and the resources (power) of Ms. Dushku to seek justice.
The bad behavior of men towards women seems almost absolutely in ratio to the relative balance of power. Extreme sexual abuse is common, seemingly even for "normal" men when the balance of power becomes extreme, such as in wartime.
We seem to need to pretend that an internal morality exists in our species that reality consistently refutes. Many, if not most men will behave terribly towards women if given the power to do so- that is without the fear of being caught.
Meaningful protection will only come from equal power.
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@alan haigh
Having observed a few men on the powerless side of male-female relationships, I'd have to say women in that position are just as bad. But it happens less frequently. Balance is very critical, and that's why we need laws. Regrettably, this often involves lawyers. Just joking!
This appears to be a universal problem in this industry. I understand the desire to punish the wrongdoers, but one wonders if the problem will only be rooted out and diminished if not eliminated by getting people to realize basic rules of civility and decency aren’t suspended in their little world despite their wealth and power. How that is done needs to have some thought applied.
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@Wolf
It's a universal problem everywhere.
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@Wolf
This is how it's being done, but it isn't terribly efficient.
It is pathetic these men claim over and over that Ms. Dushku’s being written out of the show was not retaliation. The large settlement she rightfully got indicates otherwise.
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@Bill Leach
Not necessarily. It might have been in her contract.
Just saying. Not taking sides.
6
"It might have been in her contract"?
You did read the article, right?
The part about those behind the series planning on keeping her for five seasons, becoming more than just a love interest?
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@Bill Leach Even then it's their show.
They have the right to hire who they want to.
It's in the court of public opinion that decides that they did anything wrong with this issue not in a court of law where it should be decided.
2
What a weasel Weatherly is! "It’s my recollection that I didn’t tell anyone how they should do their job regarding the hiring or firing of anybody,” No, you just went to the head of the studio to discuss Dushku's "sense of humor." How dare she fail to appreciate your Cary Grant style, your hilarious and libs? And then approach you to explain, as one colleague to another, how and why they bothered her?
If I had any doubts about whose version of events to believe, he dispelled them.
Ms. Dushku, I've enjoyed many of your performances over the years, and I'm sorry that entitled men are still acting like this.
389
Relentless and escalating sexual “jokes” is usually the first kind of sexual harassment young girls experience. It is an attempt to threaten and demean. Why are men still getting a pass to destroy women’s careers? 9.5 million dollars may be the amount she would have gotten over a four year contract, but what dollar figure represents the lost opportunity of being on a hit show?
And the lawyers giving up video evidence because they thought the inclusion of Dushku “cursing” would bolster their case? It would be hilarious if it weren’t so enraging.
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@BBB
Words are "enraging?" Words are "sexual harassment?"
Did all of these people skip preschool on the day we all learned "sticks and stones may break my bones but words will never hurt me?"
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@asdfj
Joking about rape vans isn't just words. He intentionally made her feel uncomfortable. You should question why this doesn't make you uncomfortable.
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@asdfj Words absolutely can be sexual harassment. They can build an environment in which it’s harder to earn respect or champion one’s ideas and work.
And it’s true that one can succeed despite harassment. My understanding has always been that the “sticks and stones” refrain was intended to empower those who recite it and attempt to turn the tables on bullies, not shame those who call out unreasonable treatment.
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The interdiction to make flirty jokes, the excessive censorship and greed are going to kill sincerity and destroy people’s lives .
This is absurd.
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@Condo
I wasn't on set and only have what was reported in this article to go, but based on what was reported in the article, it seems that these just weren't "flirty jokes" - and it's was even worse in front of a group of people with whom Eliza Dushku then had to keep working.
The thing is that men like to hide behind "it was just a flirty joke" but I think, deep down, they like seeing just how far they can push things. It's just as much about demonstrating power as it is about sex.
I work in a male-dominated field, and every now and then one of them makes a flirty joke that is funny and/complimentary, but not in any way that is demeaning or makes me uncomfortable.
It is possible for a man to communicate to a woman that he finds her attractive without being demeaning.
There is a difference. This isn't about killing sincerity. And it doesn't sound like anyone's life was destroyed here.
It's about righting wrongs in the workplace, and corporations will sit up and take notice when it starts affecting their bottom line.
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@Condo
Rape is never flirty and if you think so, you have a problem.
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@Condo
I have to wonder what aspect of Mr. Weatherly’s behavior seems “flirty” to you. Because it seems puerile, distasteful, unnecessary and unprofessional to me. Clearly, Ms. Dushku was the grown-up on that set, and Mr. Weatherly the entitled adolescent. She handled herself and this tacky situation intelligently and effectively.
48
Back in the day, who would have suspected that CBS was destined to devolve into the Cesspool Broadcasting System?
Judging from the torrent of sordid stories, there seems to be no bottom, either. But "that's the way it is," to borrow a Walter Cronkite line from the halcyon years. What a shame.
And to think that it used to be called "the Tiffany Network."
30
@Dotconnector, hmm, CBS is no stranger to misogyny, abuse, and corruption. One of its first biggest hit makers, James Aubrey, made his bones on macho, dumb entertainment--as well as accumulating conflict-of-interest perks, alleged abuse of women--and eating creative people alive. This behavior is pretty much in the net's DNA. :)
1
The blatant sexual harassment of female colleagues was as an essential part of the show and set up in NCIS in which Mr Weatherly started. It was abhorrent and unwatchable. Mr Weatherly ’s character would have resulted in multiple law suits if he said and did those things at work. Seems it was closer to the culture of the industry that a mere TV script
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@Melanie Ray
The abhorrent and unwatchable NCIS has been a hit show for many, many years. Perhaps not everyone sees abuse in every flirty comment.
17