| Talent Agency Sexual Harassment |
 By BILL HETHERMAN LOS ANGELES (CNS) - A woman who alleges she was sexually harassed and fired by the Hollywood agent who helped Brad Pitt and Angelina Jolie get $15 million for photos of their twins can take most of her case to trial, a judge ruled today. Los Angeles Superior Court Judge Holly E. Kendig found there were triable issues in Heather Devlin's case against Todd Shemarya, except for her claims for unpaid overtime and denial of rest and meal breaks. Those were thrown out on grounds that, as a talent agent, her job had only limited supervision and she was therefore a salaried employee. But despite Devlin's overall victory in court today, the judge said she saw problems ahead for the woman's suit, which is set for trial on March 8. ``It is not going to be an easy case for either side to try in front of a jury,'' Kendig said. Kendig also turned away a request by Shemarya's attorneys to impose sanctions of more than $500,000 on Devlin's lawyers. They maintained the suit was filed to harass their client. Devlin's lawyer, Keith A. Fink, said he was pleased with today's rulings. ``The First Amendment's protection for freedom of speech doesn't give an employer the right to sexually harass a woman in the workplace,'' Fink said. ``Defense counsel's argument in his motion that a boss can denigrate a woman with demeaning and degrading sexual comments is one that has no basis in the law and is an affront to important civil rights principles set forth in anti- discrimination legislation.'' Devlin filed her suit in November 2008 against Shemarya and his company, Todd Shemarya Artists Inc., alleging sexual harassment, wrongful termination, gender discrimination and retaliation. She alleges he fired her as his personal assistant to make way for his former gay lover, Parke Steiger. Shemarya, whose clientele also includes Matthew McConaughey and Christina Aguilera, is alleged by Devlin to have subjected her to a barrage of offensive sexual comments. But in court papers contained within more than 1,000 pages of documents submitted in support of his motion to dismiss the case, Shemarya attorney Adam Levin said it was ``undisputed'' that Devlin regularly used crude language. Levin's court papers say Devlin is a ``self-described fag hag'' -- a name given to a woman who associates mainly with gay or bisexual men -- who often dined with Shemarya and referred to him as ``sweetness,'' ``doll,'' ``sunshine'' and ``a wonderful man.'' Another Devlin lawyer, Olaf J. Muller, said his client and Shemarya were no longer friends at the time of her firing. Shemarya maintains Devlin was fired in part for not getting work for his clients and says she managed to get one of his more famous ones angry at her. ``In or about 2006, Jennifer Aniston called me (sounding) very unhappy and complained about Heather having called Jennifer's assistant to gossip,'' Shemarya says. ``I spoke with Heather about Jennifer's complaint, and she denied having done anything wrong.'' Denying any gender discrimination, the agent also says he replaced Devlin with a woman and that his relationship with the Steiger ended two years before the man began working with him. Unlike agents who help famous clients get film deals, brand agents like Shemarya help celebrities take advantage of their fame by arranging contracts that result in free luxury goods and designer brands. According to Devlin's suit, she was forced to hear jokes by Shemarya at work about Pitt, McConaughey, Djimon Hounsou and singer k.d. lang, all centered on their sexuality or private parts. Devlin also alleges she was present while Shemarya engaged in vulgar telephone conversations in the office with his female friends, including Aniston, producer Constance Schwartz and longtime Pitt rep Cynthia Pett-Dante. When Shemarya fired Devlin from her $125,000-a-year job, she sought revenge and ``filed (her lawsuit) filled with scandalous allegations involving celebrities represented by (Shemarya),'' according to the agent's court papers. |
