The fashion industry in New York City and elsewhere around the country and the world has produced numerous accounts of the sexual harassment of models. Alleged New York sexual harassment incidents have involved photographers during shoots, or a wide range of people backstage during fashion shows, where models are often expected to change clothes without much privacy. Much of the attention has focused on female models. An article published earlier this year in the New York Times details male models’ allegations of sexual harassment. Men experience sexual harassment at lower overall rates than women, with the Equal Employment Opportunity Commission reporting that seventeen percent of the complaints it receives are from men. The modeling business presents an unusual situation, however, since it is one of the very few jobs where women routinely—and often significantly—earn more than men. Both female and male models have alleged various types of sexual harassment, including “casting couch” situations where they are told they must acquiesce to demands for sexual activity in order to advance in their careers.
Federal, state, and municipal laws in New York City prohibit sexual harassment, classifying it as a form of sex discrimination. Unlawful sexual harassment may take two broad forms. The “casting couch” scenario described above is an example of “quid pro quo sexual harassment,” where sexual activity of some sort is made a condition of obtaining employment, or of accessing various features and benefits of employment. The modeling business also presents scenarios that could constitute “hostile work environment.” This type of sexual harassment involves unwanted sexual behavior in the workplace, ranging from jokes or remarks to nonconsensual contact, which is pervasive enough to interfere with the complainant’s ability to work.
Models often exist somewhat outside of traditional employee/employer relationships, which can affect their ability to assert a claim under the law. They are represented by agencies, who enter into agreements with fashion brands and other companies. Those companies might be the ones to hire the photographer. According to the New York Times, the agencies and the brands point fingers at each other with regard to who is responsible for protecting models from sexual harassment and abuse at the hands of photographers and others. The photographers, the Times article states, “say they do what they do to get the best picture — which is what the clients want.”