Employment Issues in Modeling
The modeling industry faces several employment law issues including child labor laws, immigration issues, wage theft, and health and safety issues, and the focus of this discussion, sexual harassment that models face. Sexual harassment in the workplace, especially during castings, shoots, etc. is commonplace. Sexual harassment is defined as:
“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
Submission to such conduct is made explicitly or implicitly a term or condition of employment, or
Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting the individual, or
Such conduct has the purposes or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment” (EEOC Regulations).
(Trigger Warning - Mention of S/A)
This could include submission to these advances under the pretense of employment. These advances create a hostile environment and prevent models/employees from actually working properly. Sara Ziff, founder of Model Alliance, describes that models are often cast between the ages of 13 to 16, and are extremely vulnerable and at high risk of being harassed. An extremely devastating case is that of supermodel, Carre Otis. At 17 years old, Carre claimed she was sexually abused by her own agent. Models have been harassed by photographers as well; photographer Terry Richardson has multiple documented cases of harassment including his demands for inappropriate sexual contact with various models. Unfortunately, agencies and companies often still send models to such predators.
As a result, models have pursued careers helping other models into recovery for the abuse they have withstood from leaders in their profession. Nikki DuBose is a former model turned mental health advocate who states that one way she was pressured into getting work was by having sexual relationships with her director. Essentially, these young women and girls are met with sexual demands for terms or conditions of employment. If rejected, they may lose their careers, left with no choice but to submit to the heinous conduct of their employers. These women and girls are even set up with men overseas despite their strong reluctance.
In California, Assembly Bill 2539 was introduced to provide health and safety rights to models. This bill states they are employees (rather than independent contractors), and must have safety protections and that agencies have to be licensed plus regulated. (https://openstates.org/ca/bills/20152016/AB2539/ )
Doreen Small advises models to speak up and advocate for themselves - on employment and contractual issues:
References
(2022, August 15). Sexual Harassment of Working Models. The Armstrong Law Firm San Francisco. Sexual Harassment of Working Models; The Armstrong Law Firm. Retrieved May 14, 2023 from, https://www.thearmstronglawfirm.com/articles/sexual-harassment-of-working-models/
EECO Regulations, 29 CFR Section 1604.11 – Sexual Harassment, https://www.law.cornell.edu/cfr/text/29/1604.11
Sexual violence. Model Alliance. (n.d.). https://www.modelalliance.org/sexual-harassment
Ziff, S. (2016, April 11). Op-ed: Why models need labor protections. Los Angeles Times. Retrieved May 14, 2023 from, https://www.latimes.com/opinion/op-ed/la-oe-0411-ziff-fashion-models-labor-rights-20160412-story.html