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PBS Marks $ 1.5 Million Tavis Smiley Trial Win

 


The talk show host was charged with sexual misconduct in a rare test of moral clauses.

PBS prevailed over its assertion that Tavis Smiley had violated a moral clause. On Wednesday, a jury in Washington, D.C., ruled in favor of the public broadcaster and decided that the former late night talk show host should pay $ 1.486 million.

In 2017, PBS suspended Smiley for allegations of sexual misconduct. As the #MeToo movement gained momentum, PBS wanted to disassociate itself from a television personality accused of behaving inappropriately towards its subordinates. The case then became a rare test of moral clauses. In the last 100 years, since Hollywood began to include clauses in contracts that prohibit talent from doing anything that could damage reputation, the subject of moral clauses has almost never been put to the test before a jury.

During the trial, PBS introduced more than half a dozen women who explained how they had been pressured into their relationships or had been victims of unwanted advances. Smiley insisted that the relationship was consensual and the jury had to determine whether the moral clauses covered the alleged conduct. Adding to the complexity of the case, DC Superior Court judge Yvonne Williams previously held that Smiley's conduct dating back several years and even decades fell outside the scope of the contract. . Nonetheless, the judge allowed the jury to hear the women claim that Smiley continued to have sex with an executive producer on her show, had publicly lied about a 2007 settlement agreement with a subordinate woman and had appeared on Facebook and ABC. Hello america to defend. On the witness stand, Smiley stated that the stories of the women were filled with "lies."

The jury also heard from a marketing expert who spoke about the PBS brand and how the charges against Smiley could tarnish the broadcaster's healthy image. In response, Smiley suggested that he was the one who damaged the reputation of a rash judgment, implied that PBS had disclosed information about the suspension to the media and had referred to other individuals. like Charlie Rose who had been associated with PBS and subjected to allegations of sexual misconduct. .

In the end, PBS won a big victory, and it is a victory that can strengthen moral clauses as a way for companies to withdraw from contracts in the event of a claim for sexual misconduct.

"We are satisfied with the jury's decision," PBS said in a statement on the verdict. "PBS expects our producer partners to provide a workplace where people feel safe and treated with dignity and respect. It was important for us to ensure that the courageous women who came forward could share their stories and that we continued to defend values. and the standards of our organization. "

Grace Speights, PBS attorney at Morgan, Lewis & Bockius: "With this jury verdict for PBS, companies now have another tool in their arsenal to ensure a safe and respectful work culture. Especially in the industry. entertainment, the application of The Morality clause in contracts had not been tested before in court before. This decision could have an impact on the next wave of litigation in the #MeToo movement. "

Smiley had no immediate comments.



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