Pregnancy Discrimination at Work Is Illegal: Know Your Rights!

Telling Your Employer About Your Pregnancy pregnancy in the workplaceWhen you are pregnant, you may wonder when and how you are going to tell your employer. The fact is under the Pregnancy Discrimination Act, and other laws against discrimination, you do not have to tell your employer at all. If you can perform your work and do it well, and do not need special accommodations, your pregnancy is legally irrelevant. The Pregnancy Discrimination Act The Pregnancy Discrimination Act prohibits employers with more than 15 employees from discriminating against pregnant employees.It also includes local and state government employees, federal employees, employment agency employees and labor organization employees no matter how many employees they have. Pregnancy Discrimination and Benefits Employers must provide the same benefits to all their employees whether they are pregnant or not. This includes health insurance, retirement and disability benefits. Medical conditions related to pregnancy must be covered identically to other medical conditions.Pregnancy Discrimination and Disability If a pregnant woman can do her job for a while due to a medical condition related to her pregnancy or childbirth, the employer must treat it like any other temporarily disabled employee. This means that the employer must make accommodations or provide disability leave.More Rules on Pregnancy Discrimination
  • A potential employer may not ask a pregnant job candidate any questions they would not ask a candidate that was not pregnant.
  • An employer may not discriminate against an employee who might get pregnant.
  • An employer may not forbid a pregnant employee from doing a job for which she is fit and she wants to do.
  • Jobs must be held open for pregnancy related absence for the same amount of time as for other sickness and disability.
  • Employers cannot discriminate against an employee who has had an abortion or is considering getting an abortion.
  • Female spouses of male employees must be provided the same level of medical benefits than the male spouses of female employees.
  • Single women must be provided the same pregnancy related benefits as married women.
  • Seniority, vacation, raises, promotions and other accrued benefits for pregnant women must be granted in the same way as those on leave for non-pregnancy reasons.
If you believe you may have been a victim of pregnancy discrimination due to pregnancy, childbirth or a pregnancy related medical condition, you should consult with an employment attorney as soon as possible. A reputable employment discrimination lawyer will listen to your situation and educate you on the pregnancy discrimination laws. If you have been a victim of pregnancy discrimination  an experienced employment attorney can help you recover any damages you have incurred.

3 Key Takeaways

  1. Federal law, and even stronger New York State law, protects you from being treated differently at work because of pregnancy, childbirth, or a related medical condition.

  2. You are not required to tell your employer you are pregnant, and your employer cannot legally use your pregnancy against you in any employment decision.

  3. Pregnancy discrimination can be subtle, and many people don’t realize they’ve experienced it. If something feels off, it’s worth talking to an attorney.

Your pregnancy shouldn’t cost you your job, or your opportunities

Whether you’re expecting, recently gave birth, or dealing with a pregnancy-related medical condition, you have strong legal protections at work. Yet pregnancy discrimination still happens far too often — sometimes blatantly, sometimes in ways that are harder to see. Here’s what the law says, what your employer can and can’t do, and what you should do if you think your rights have been violated.

The law that protects you: The Pregnancy Discrimination Act

The federal Pregnancy Discrimination Act (PDA) was passed in 1978 and prohibits employers with 15 or more employees from treating workers unfavorably because of pregnancy, childbirth, or any related medical condition. It applies to hiring, firing, pay, job assignments, promotions, layoffs, training, and just about every other aspect of employment.

The PDA also extends to federal, state, and local government employers, employment agencies, and labor organizations, regardless of how many employees they have.

In New York, the protections go even further. The New York State Human Rights Law covers employers with as few as four employees, and the New York City Human Rights Law covers employers with four or more employees as well. If you work in New York, you’re likely covered even if your employer is small.

You don’t have to disclose your pregnancy

This surprises a lot of people: You are not legally required to tell your employer that you’re pregnant. If you can perform your job and don’t need any special accommodations, your pregnancy is essentially nobody’s business but your own.

And here’s an important related point, your employer cannot ask a pregnant job candidate questions they wouldn’t ask any other candidate. Asking about your plans to start a family, whether you’re pregnant, or how a pregnancy might affect your work is off-limits during an interview or hiring process.

What your employer must do

The law doesn’t just prohibit discrimination, it also requires employers to treat pregnant employees fairly and consistently compared to everyone else. Here’s what that looks like in practice:

  • Benefits: Health insurance, retirement benefits, and disability coverage must be provided equally to pregnant employees. Medical conditions related to pregnancy or childbirth must be covered the same way as any other medical condition.
  • Accommodations: If a pregnancy-related condition temporarily prevents you from performing certain duties, your employer must treat you the same way they would treat any other employee with a temporary disability — which may mean offering modified duties, leave, or other adjustments.
  • Job Security: If you take leave for a pregnancy-related reason, your job must be held open for the same amount of time as it would be for any other medical leave.
  • Seniority and Accrued Benefits: Vacation time, raises, promotions, and seniority cannot be taken from you because of pregnancy leave.
  • Equal Treatment Regardless of Marital Status: Single employees are entitled to the same pregnancy-related benefits as married employees.
  • Spousal Benefits: If your employer provides medical benefits to spouses, those benefits must be equal regardless of the employee’s gender.

What your employer cannot do

Discrimination can show up in a lot of ways, some of them obvious and some of them not. Your employer cannot:

  • Fire you, demote you, or reduce your pay because you are pregnant or recently gave birth
  • Refuse to hire you because you are pregnant or might become pregnant
  • Force you off a job you are qualified for and willing to do
  • Discriminate against you for having had an abortion or for considering one
  • Take adverse action against you because of pregnancy-related medical appointments or conditions

Discrimination isn’t always dramatic. Sometimes it looks like being quietly passed over for a promotion after announcing a pregnancy, or suddenly receiving poor performance reviews after returning from leave. If the timing feels suspicious, it’s worth paying close attention.

New York gives you additional protections

New York workers have some of the strongest pregnancy protections in the country. In addition to federal law, the New York State Human Rights Law requires employers to provide reasonable accommodations for pregnancy-related conditions, even if those conditions don’t rise to the level of a disability under federal law. This can include things like more frequent breaks, modified lifting requirements, or a temporary schedule change.

New York City employees have additional protections under the New York City Human Rights Law, which is considered one of the most comprehensive anti-discrimination laws in the country.

What to do if you think you’ve been discriminated against

If you believe your employer has treated you unfairly because of your pregnancy, here are the most important steps to take:

  1. Document Everything: Keep notes on incidents, save emails and messages, and write down dates, times, and exactly what was said. The more specific, the better.
  2. Report It Internally: Use your company’s Human Resources (HR) process or reporting channels, and do so in writing so you have a clear record.
  3. Be Aware of Deadlines: There are strict time limits for filing a complaint. Under federal law, you typically have 180 to 300 days from the discriminatory act to file a charge with the Equal Employment Opportunity Commission (EEOC). New York has its own deadlines as well, so don’t wait to get advice.
  4. Talk to an Attorney: An employment lawyer can review your situation, help you understand your options, and make sure you’re taking the right steps from the start.

You deserve to be treated with respect at every stage

Pregnancy is not a liability — and no one should have to choose between their career and their family. If you’ve experienced discrimination at work related to your pregnancy, childbirth, or a pregnancy-related condition, the team at Valli Kane & Vagnini is here to help. Reach out to our team at VKV, we’ll listen, explain your rights clearly, and help you figure out the best path forward.

Workplace Discrimination or Harassment: What You Should Do

3 Key Takeaways

  1. Report the behavior to Human Resources (HR) right away and put your complaint in writing.

  2. Document every incident with as much detail as possible, dates, locations, witnesses, and what was said or done.

  3. Use clear, accurate language when you report. Say “sexual harassment” or “racial discrimination,” not vague terms like “personality conflict.”

What to do if you’re facing harassment or discrimination at work

If something at work feels wrong because a colleague’s comments make you uncomfortable, or you’re being treated differently because of your race, gender, disability, or another protected characteristic — you don’t have to just push through it. Knowing the right steps to take early on can make a real difference in protecting yourself and your rights. Here’s what you should know.

Report the behavior right away

The first thing you should do is report what’s happening to your Human Resources (HR) department. Your employer isn’t expected to know about every incident unless someone tells them, and under the law, reporting is something employees are expected to do. The sooner you make a formal complaint, the sooner there’s an official record of what’s been happening.

It’s also important to know that there are time limits on when you can file a complaint. Under federal law, most employees must file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) within 180 to 300 days of the most recent incident. Don’t wait.

Document everything you can

You’re not legally required to keep a personal log of every incident, but any good employment attorney will tell you: document as much as you can, as soon as you can. If the harassment is ongoing, keep a record, even something as simple as an email to yourself, noting:

  • What happened and what was said or done
  • The date and time it occurred
  • Where you were and who else was present
  • What you and the other person were wearing
  • Any other details you can recall

The more specific your notes, the stronger your account. Harassers almost never act in front of witnesses, which means your detailed, contemporaneous record can be one of the most important pieces of evidence in your favor.

Use the right words when you report

This one matters more than most people realize. When you go to HR, be specific about what kind of conduct you’re describing. You don’t need to cite legal statutes — you just need to be clear.

There’s a big difference between saying “we have a personality conflict” and saying “he makes comments about my body and I don’t find it appropriate.” The first leaves the door open for HR to treat it as a minor workplace squabble. The second makes clear that you’re describing sexual harassment. HR representatives are trained to listen, sometimes without taking notes, so that they can later claim their recollection was unclear. Using precise language protects you against that.

Make your complaint in writing

Whenever you report to HR, follow up in writing. Use your company’s email system to document that you made a complaint. After any in-person meeting, send a brief thank-you note that recaps what you discussed and what you asked HR to look into. This creates a paper trail that’s hard to dispute later.

Understand what “continuous violation” means

If the harassment has been happening repeatedly over time, even if incidents are spread out, there’s a legal argument that may apply to you called a continuous violation. Under this doctrine, you may not need to have filed a complaint after every individual incident. If the behavior is similar in nature and has occurred with some regularity throughout your employment, the law may allow your claim to reach back to when the conduct first started.

This applies to sexual harassment, racial harassment, and harassment based on disability, among other protected categories. Even if you’re only now reaching your breaking point, your rights may extend further back than you think.

You don’t have to navigate this alone

There’s a lot you can do on your own: keep a log, go to HR, document your complaints in writing. But for the best outcome, having an attorney in your corner from the beginning makes a real difference. A lawyer can help you document things properly, make sure you’re using the right language, and guide you through each step of the process.

If you believe you’re experiencing workplace discrimination or harassment and aren’t sure what your options are, reach out to our team at VKV. We’re here to help you understand your rights, and to fight for them.

$60 Million Settlement Holds New York City Accountable for Property Seizures That Stripped Homeowners of Their Equity

New York City has agreed to a $60 million proposed class action settlement with homeowners whose properties were seized in Round 10 of the City’s Third Party Transfer (TPT) program without compensation for the equity they had built in their homes.

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Former Walmart Team Lead Files Federal Lawsuit Alleging Sexual Harassment, Retaliation, and Failure to Protect Employee

A former Walmart team lead has filed a federal lawsuit alleging that the retail giant failed to protect him after he repeatedly reported workplace sexual harassment and ultimately retaliated against him by terminating his employment.

The lawsuit, filed in the U.S. District Court for the Eastern District of New York, alleges violations of Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Shawn White, who worked for Walmart from 2019 through 2023 at stores in Uniondale and Valley Stream, claims the company failed to properly investigate his complaints, failed to enforce its own workplace policies, and retaliated against him after he repeatedly sought help through internal reporting channels.

According to the complaint, White reported alleged harassment to supervisors, Walmart’s Ethics department, and Associate Relations over a period of several years. The lawsuit contends that the company either failed to adequately investigate his concerns or provided only limited responses without explaining what corrective action, if any, had been taken.

The complaint further alleges that after White reported the conduct, he experienced a pattern of disciplinary actions that culminated in his termination. White contends the disciplinary record was used as a pretext for retaliation, despite his history of positive performance evaluations.

“Ultimately, I just want Walmart to do better,” White said. “They have systems and things in place, or they claim to, but I wasn’t helped by that system.”

White’s attorney, Matthew Berman, from Valli Kane & Vagnini, couldn’t agree more, saying: “A harassment policy only means something if the company enforces it. Walmart had the protocols on paper, but Shawn White was left unprotected when it counted. We brought this case to turn his experience into real accountability and real change.” 

White’s case has received support from the Time’s Up Legal Defense Fund at the National Women’s Law Center.

“Sex harassment is, at its core, about an imbalance of power. It affects people of every sex and gender identity,” Jennifer Mondino, senior director of the Time’s Up Legal Defense Fund at the National Women’s Law Center, said in a statement. “Too often, men and people who don’t identify as women face additional stigma and disbelief when they come forward.”

Mondino added, “Workers should never face retaliation for reporting abuse, and Walmart must answer when they fail to protect their workers.”

Federal and New York law prohibit employers from retaliating against employees who report unlawful workplace harassment or discrimination. Employers also have a legal obligation to take complaints seriously and conduct appropriate investigations when concerns are raised.

Berman spoke about what this lawsuit could mean for other Walmart employees, saying “It takes real courage to come forward against a company the size of Walmart. Shawn White did it not just for himself, but so the next employee is met with protection instead of silence. We’re proud to represent him.“

White’s lawsuit seeks lost wages and benefits, compensatory damages, damages for emotional distress, attorneys’ fees, and other relief. The allegations remain pending before the court, and Walmart has denied the claims by declining to comment on the active litigation.

You can read additional coverage about the case in the Long Island Herald.

Workplace Discrimination? Get that Complaint Filed!

3 Key Takeaways

  1. Federal law protects employees from many forms of workplace discrimination — and most states add even more protections on top of that.

  2. There are strict deadlines for filing a complaint. Missing them can cost you your right to take action, even if your case is strong.

  3. You don't have to have all the answers before reaching out. Getting informed early can make all the difference.

You have more protection than you might think

If you've experienced harassment or discrimination at work, you should know that the law is on your side, and has been for decades. Federal law protects employees from a wide range of mistreatment on the job, and understanding those protections is the first step toward knowing what your options are.

What the law actually covers

The foundation of workplace discrimination law in this country is Title VII of the Civil Rights Act of 1964. Before it was passed, some federal protections existed, particularly around race and national origin, but Title VII significantly expanded those rights. Today, it protects employees from discrimination and harassment based on:

Race

Sex (including sexual orientation and gender identity)

National origin

Religion

Age

Disability

Any employer with 15 or more employees is subject to Title VII, and because it's a federal law, it applies the same way in every state.

The role of the EEOC

Title VII also established the Equal Employment Opportunity Commission (EEOC), the federal agency responsible for receiving and investigating workplace discrimination complaints. If you want to bring a discrimination claim in federal court, you're generally required to go through the EEOC's process first. Think of it as a necessary first step before anything can move forward legally. You can learn more or start a complaint directly through the EEOC's website.

The deadlines you really need to know

This is where a lot of people get tripped up, so pay close attention. Under Title VII, you typically have 180 calendar days from the date of discrimination to file a complaint with the EEOC. However, if your state has its own workplace discrimination law, which most do, including New York, that window extends to 300 days.

A handful of states, like New Mexico and Georgia, don't have their own statutes, which means those employees are limited to the 180-day window.

Here's the part that matters most: The clock starts ticking when the harm occurs. You can't wait two years to see how things play out and then file. If the deadline passes, your claim can be completely barred, even if what happened to you was serious and clearly wrong.

One important exception: Ongoing harassment

There's something called a "continuous violation" that many employees don't know about, and it can actually work in your favor. If you experienced repeated harassment over a period of time, say, months of unwanted comments or advances, the deadline doesn't start from the very first incident. It starts from the last occurrence. So if the harassment was ongoing, you may have more time than you think.

The best time to reach out is now

You don't need to have everything figured out before talking to someone. In fact, the earlier you get information, the better. Whether you eventually decide to take action or not, knowing where you stand, and how much time you have, can protect your options down the road.

If you think something at work hasn't felt right, contact us or visit the EEOC's resource page to learn more. A quick conversation now could make a real difference later.

MrBeast Sued for Firing New Mom Who Took Maternity Leave

Former company executive details sexual harassment, gender bias, and retaliation at male-dominated social media empire

Former MrBeast executive Lorrayne Mavromatis sued the social media company in federal court today after facing years of sexual harassment and gender bias by top leadership, including Jimmy Donaldson (popularly known as MrBeast). Mavromatis alleges that after complaining about the treatment she and other female employees faced and exercising her right to maternity leave she was ultimately terminated. 


Toxic Work Environment for Women

While many equate the number one YouTube channel with extreme pranks, Mavromatis’ complaint exposes an environment in which sexual harassment and hostile treatment of female employees behind the cameras was commonplace. Mavromatis alleges MrBeast’s top leadership frequently made unwelcome comments about her and other female employees’ appearance and brushed off complaints about unwanted advances and touching. 

This hostile, male-dominated culture is embodied in “How to Succeed at MrBeast Production,” an employee resource authored by Jimmy Donaldson. The 36-page document states “it’s okay for the boys to be childish” and “if talent wants to draw a dick on the white board, or do something stupid, let them” and instructs employees that “no does not mean no” when working on a production. 


Not Allowing This Behavior to Continue is the First Step

“Unfortunately, women’s voices are often silenced in workplaces, especially in male-dominated fields,” said Lorrayne Mavromatis. “This isn’t just about one moment. This is about everything that led up to it and the culture that made it possible. The expectation that women should go through things like this, stay quiet, accept it, and still show up with a smile. I’m not doing that anymore.” 

In the complaint, Mavromatis alleges that the company’s former CEO James Warren, a cousin of Donaldson, made her meet him in his home for one-on-one meetings while commenting on how pretty she was and how her presence made Donaldson physically uncomfortable. Mavromatis explains in her complaint that when she asked Warren about how to navigate professional interactions with Donaldson, he said, “Well, Lorrayne, you’re beautiful. Jimmy gets really awkward around beautiful women.” Warren continued by stating, “Let’s just say that when you’re around and he [Donaldson] goes to the restroom, he’s not actually using the restroom.” Mavromatis claims that she began to wear baggy clothes and baseball caps to avoid her appearance and gender from negatively affecting her professional career. 

The complaint details other incidents of demeaning treatment towards women at the company. Mavromatis alleges Donaldson, who has publicly stated he doesn’t drink, ordered her to bring him a beer if she wanted him to participate in her video shoot. After retrieving the drink, Donaldson took one swig of the beer and tossed it on the ground. 


Complaining About Work Environment Made Conditions Worse

When Mavromatis complained about toxic behavior towards her by a male colleague, she alleges, one executive told her, “What can’t happen is you going to your uppers to complain,” they said. “That’s toxic. My team did that – they’re gone.” 

In November 2023, Mavromatis submitted a complaint about the sexual harassment and hostile work conditions she and other women faced working at MrBeast to human resources head Sue Parisher, who is also Donaldson’s mother and Warren’s aunt. The complaint alleges that Mavromatis was told two months later that her claims were “unsubstantiated.” She was demoted from her executive level role and transferred the very same day to a midlevel management position in a division known by employees where “careers go to die.”

“Abusive workplaces rely on a persistent lack of accountability. We see this pattern frequently, where those with influence and power are allowed to harm others and retaliate against those who decide to speak up,” said Jennifer Mondino, Senior Director of the TIME’S UP Legal Defense Fund at the National Women’s Law Center, which supported media assistance for this matter. “Lorrayne has been extraordinarily brave in coming forward, and we hope she is granted a measure of justice and healing. We are in a collective fight to address a longstanding culture of harassment that relies on entrenched silence and shame. Today is a reminder that the strength of survivors is a force to be reckoned with, and we are proud to stand alongside Lorrayne.”


Where’s the Consideration for a New Mother and Her Baby?

Mavromatis alleges that when she took maternity leave with her first child her treatment at MrBeast went from bad to worse. Mavromatis alleges that MrBeast failed to give her the legally required notice of her rights under the Family and Medical Leave Act (FMLA) and proceeded to make her work continuously during her first two months of maternity leave.

Mavromatis states just days after tending to her daughter in the neonatal intensive care unit, her supervisor began requesting her to work for MrBeast’s upcoming product launch. Three weeks after giving birth, she was asked to manage a booth at a town hall event which required long periods of standing, physical work, and being away from her newborn for 10 hours. Mavromatis, who was born in Brazil, was also asked to work on a video with Brazilian soccer star Neymar. Mavromatis alleges that company culture at MrBeast, coupled with a fear of losing her job if she refused to work, compelled her to continue to work during her maternity leave.

Upon returning to work from maternity leave, Mavromatis was fired less than three weeks later. She alleges she was told she was “too high caliber” for the position that they had demoted her to after complaining about sexual harassment and the hostile work environment. MrBeast and its new CEO Jeffrey Hosenbold has since filled Mavromatis’ former job duties with men hailing from the sports industry. 

“This is a terrible example of how someone with access to unlimited resources made the decision to neglect the welfare of female employees and their access to the most fundamental legal rights and prioritize money over safety and well-being,” said Mavromatis’s attorney, James Vagnini of Valli Kane & Vagnini LLP. “Ms. Mavromatis was not the first and will not be the last woman to experience what it was like to be sidelined and disregarded by MrBeast, but she will not be intimidated or threatened into standing down.”

The lawsuit filed in the Eastern District of North Carolina follows a complaint Mavromatis filed with the Equal Employment Opportunity Commission in November 2025. 

Download The Full Complaint >

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Devyn LaBella Prevails in Court Against Kevin Costner

Devyn LaBella, who worked as a stunt double for the lead female actress in Kevin Costner’s production of Horizon II, prevailed in Court today against Kevin Costner. At Mr. Costner’s direction, on May 2nd, 2023, Ms. LaBella was subjected to an unscripted, unplanned violent rape scene, which is the basis for her suit. Defendants filed a motion to have the case dismissed, claiming that the abusive conduct was protected as part of the “creative process.” The Court resoundingly denied their motion as to eight counts.

Accountability for Those Who Abuse Their Power

Valli Kane & Vagnini LLP attorney, James A. Vagnini, Esq. said: “Today, the court stood with Devyn and recognized the strong merits of her case, an important step towards unveiling the truth about what happened that day and creating accountability for those who abuse their power. We hope the Defendants won’t waste any more time on frivolous motions and panicked stall tactics, and instead allow for the discovery phase, when we’ll hear directly from the witnesses on set about the events that transpired. We look forward to our continued pursuit of justice for Ms.LaBella as she bravely continues to stand her ground.”

Court saw through Defendants smoke and mirrors

Hadsell Stormer Renick & Dai LLP attorney, Kate McFarlane said: “The logical conclusion of the Defense argument is that you can rape or kill someone so long as it’s part of the ‘creative process.’ The creative process cannot be used as a shield for unlawful conduct.”

She went on, “Today, the Court saw through Defendants smoke and mirrors, where they attempted to hide their abhorrent behavior behind the excuse of it being part of the ‘creative process.’ The creative process cannot and does not give men in power complete impunity to abuse women like Ms. LaBella. We were confident we would prevail against Defendants on this frivolous motion, and we did. We anticipate Defendants will continue to employ similar tactics in an attempt to prevent their despicable conduct from ever reaching the eyes and ears of a jury. We won’t back down.”

Additional Press:

Kevin Costner Sexual Harassment Suit By ‘Horizon II’ Stuntwoman Will Continue, Judge Rules; Oscar Winner Plans ASAP Appeal

Kevin Costner came up quite short today in his bid to have Horizon IIstuntwoman Devyn LaBella’s sexual harassment and hostile workplace lawsuit tossed out. Still, while industry vet LaBella saw only two of her 10 claims against the Oscar winner dismissed, lawyers for Costner are already promising late Thursday to file a fast appeal.

Click through to read the rest.

Kevin Costner Sued By ‘Horizon 2’ Stunt Performer Over Unscripted Rape Scene

One day in May 2023, stunt performer Devyn LaBella showed up to the Utah set of Horizon: An American Saga – Chapter 2, the second part of the sprawling Western series from Kevin Costner, expecting to double for one of the film’s stars in some basic, fairly boring shots. Instead, she says, she was surprised by being subjected to an unscripted, brutal rape scene without proper notice, consent or the presence of a contractually mandated intimacy coordinator.

Now, LaBella is suing Costner and the film’s production companies for sexual discrimination, harassment and the creation of a hostile work environment. Moreover, the complaint alleges LaBella faced retaliation after she reported the incident by not being called back for subsequent work on the Horizon series and never being hired again by the film’s stunt coordinator, with whom she had worked previously.

“On that day, I was left exposed, unprotected, and deeply betrayed by a system that promised safety and professionalism,” LaBella said in a statement to The Hollywood Reporter. “What happened to me shattered my trust and forever changed how I move through this industry.”

In a statement, Costner’s attorney Marty Singer said his client “always wants to make sure that everyone is comfortable working on his films and takes safety on set very seriously.” He says, however, that the lawsuit has “absolutely no merit” and is “completely contradicted by [LaBella’s] own actions — and the facts.”

The suit represents the latest legal battle for Horizon, as Costner’s loan-out firm for the series was recently hit with an arbitration claim for allegedly breaching its co-financing agreement with New Line Cinema. This complaint was filed after settlement discussions with Costner and production company representatives broke down, says James Vagnini of Valli Kane & Vagnini, one of the attorneys representing LaBella, with support from the Time’s Up Legal Defense Fund.

The Horizon series is the product of decades of hustle from Costner, a veteran of the Western epic, from Dances With Wolves to Hatfields & McCoys to Yellowstone. With no major studio willing to fork over the cash he felt was needed, Costner invested $38 million of his own funds, with the series’ first film premiering to anemic box office in June 2024.

An ascendant stunt performer who had worked on Barbie and American Horror Stories, LaBella was hired on Horizon’s second installment as the lead stunt double for actress Ella Hunt, who plays one of the film’s main characters. Hunt’s role did involve sexual violence. As part of her contract, the lawsuit maintains, Hunt negotiated a mandatory intimacy coordinator on all nude or intimate scenes, which, as her stunt double, would apply to LaBella as well. Moreover, given that Hunt and LaBella are members of the performers union SAG-AFTRA, their intimate scenes would also be subject to the labor group’s regulations, which call for prior notice, consent and a closed set.

Everything went by the book for a scripted rape scene that shot on May 1, according to the suit: The scene — where LaBella performed the more physical, rough aspects of the action — was detailed on the day’s call sheet, rehearsed with a stunt coordinator and an intimacy coordinator, later monitored by that intimacy coordinator, took place on a closed set and was structured such that performers got breaks in between shots.

But rules were allegedly thrown out the window the next day, when LaBella showed up on set to double for two non-intimate sequences and was asked by Costner to stand in for Hunt for a shot. Unbeknownst to LaBella, the complaint claims, Hunt had just walked off of the set, “visibly upset,” after Costner told her he had just added an impromptu scene of sexual violence perpetuated by a different character than the previous day’s scene.

LaBella, instructed to lay down on a wagon, allegedly only found out that this was a rape scene after Costner called for actor Roger Ivens to simulate nonconsensual sex on top of her: “Mr. Ivens violently rustled Ms. LaBella’s skirt up as if trying to penetrate her against her will” while pinning her down per the director’s orders, the complaint states. No notice had been given, the scene had not been rehearsed, no intimacy coordinator was on set and all of the action was aired on monitors that could be viewed by the entire crew, according to the suit.

Costner’s attorney Singer maintains that this was a rehearsal without cameras rolling and not a filmed scene itself. The film’s stunt coordinators were present, he added. After this rehearsal, LaBella “gave her Stunt Coordinator supervisor a ‘thumbs up’ and indicated her willingness to then shoot the scene, if needed,” he states; the scene ended up being shot with a stand-in performer and not LaBella.

The lawsuit emphasizes that Costner did not consistently call “action” or “cut” during this process, leaving LaBella without time to fully comprehend what was happening as the action repeated. Meanwhile, “Mr. Ivens never separated from Ms. LaBella,” the suit says, consistently keeping his hand on her body. Moreover, the complaint claims the wardrobe department had not prepared LaBella for her undergarments to be exposed, as they were by the directions Costner was giving Ivens.

The complaint describes LaBella as shaken and “terrified” following this experience. Afterward, she raised concerns and made complaints to several stunt coordinators and to the film’s intimacy coordinator, later feeling that many in the production team were treating her with kid gloves, the suit states. She received some apologies from colleagues on the film, but was directed to stay in her trailer, fully costumed and not used on set for several days, the complaint claims.

Singer disputes that LaBella made a complaint to the film’s stunt coordinators, saying “she was in good spirits and made no complaints to them” at a dinner the night after the scene. He says that LaBella took stunt coordinator Wade Allen to a thank-you dinner following the production, and sent him a text stating, “Thank you for these wonderful weeks!”

Ultimately, LaBella was not called back for the third film in the series, and Allen did not hire her again, though he had hired her for projects before Horizon.

The lawsuit alleges that LaBella’s career came to an “abrupt halt” after the incident. Not only was Allen not hiring her again, but “the workplace, and stunt work in general, which was once a source of purpose and fulfillment, is now a place of heightened apprehension and the whole experience has left Ms. LaBella feeling ‘disposable’ and ‘worthless,’” the complaint states.

If the case goes to trial, LaBella and her attorneys are asking the jury to determine any potential punitive damages. Beyond compensation, the point of the suit is also to “address the continued failures at the highest levels of Hollywood production companies to comprehend and address the impacts of performing in sexually explicit and violent ‘scenes’ and the need for intimacy coordination,” the complaint reads.

The use of intimacy coordinators in Hollywood exploded after the #MeToo movement prompted a reappraisal of power dynamics on set. Choreographing scenes of an intimate nature, intimacy coordinators are intended to be watchdogs for performer safety and comfort. While some famous performers have embraced them (Rachel Zegler, Phoebe Dynevor), others have waved them off or said they didn’t feel they need them, like Mikey Madison and Sean Bean.

Per the lawsuit, in this case an intimacy coordinator was mandated by a performer contract, amplifying existing union protections. Says Jennifer Mondino, the senior director of the Time’s Up Legal Defense Fund, which supported the case, “The guidelines that are supposed to be followed on regular movie sets weren’t being followed.”

Adds LaBella’s lawyer Vagnini, “If it can happen on a size of a production worth $100 million or more, imagine what happens on smaller ones where you’re really trying to cut corners.”

As for Singer, he says, “The facts are clear and we are beyond confident that Kevin will prevail.”

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SCOTUS Finds Leniency in Exhausting EEOC Administrative Filing Requirements

SCOTUS Finds Leniency in Exhausting EEOC Administrative Filing Requirements
By: Aimee Christianson and Shaloni Pinto
 {Read in 4 minutes}  On June 3, 2019, the Supreme Court released their decision in the case Fort Bend County v. Davis [No. 18-125], which involves Equal Employment Opportunity Commission (EEOC) claim filing disagreements. This case involves Title VII of the Civil Rights Act of 1964 and a potential complainant’s administrative requirements with the EEOC.Continue reading