Arianne Zucker, the Emmy-nominated actress known for playing Nicole Walker on Days of Our Lives and being the subject of Donald Trump’s vulgar comments on the infamous Access Hollywood tape, has overcome a major challenge to her lawsuit filed last February alleging sexual harassment, discrimination, and retaliation on the set of the popular NBC soap opera.
In a decision issued Thursday, a Los Angeles County judge ruled that Zucker can move ahead with the disputed portion of her complaint that’s seeking a formal order barring former DOOL executive producer Albert Alarr from harassing behavior in any future workplace. In her lawsuit, Zucker sued Alarr for sexual harassment, intentional infliction of emotional distress, and for the judicial order under a section of California’s business code. Alarr had asked the court to strike the alleged business code violation, claiming it didn’t apply to him.
“There have to be allegations he is engaged in continuing behavior,” Alarr’s lawyer Robert Barta argued at a hearing in downtown Los Angeles on Thursday. “He’s not even employed. There’s no allegation that he’s employed anywhere in this industry, as a result of what has transpired. It’s a matter of law. There are simply no facts alleged to support a claim for injunctive relief.”
The court disagreed. “Plaintiff has alleged a long-standing course of conduct by Mr. Alarr. An inference arises from the facts alleged that the behavior would be likely to recur,” Judge Kristin S. Escalante wrote in her ruling issued hours after the morning hearing. The judge said that although Alarr says he’s no longer working, an injunction could be appropriate if Zucker “ultimately proves that Alarr engaged in the behavior alleged, and that the behavior is likely to occur in other jobs.”
Alarr’s lawyer did not immediately respond to Rolling Stone‘s request for comment.
“We are very pleased that the court agreed with us, after today’s court hearing, that Ms. Zucker can proceed with her request for an injunction against Mr. Alarr, seeking to enjoin him form harassing and discriminating against women in the future,” Zucker’s lawyer, Anahita Sedaghatfar, tells Rolling Stone. “As we stated in our motion, Ms. Zucker wants to ensure that no other woman can be harmed at the hands of Alarr again, and I will fight to make that happen.” The next hearing in the case is set for October.
In her lawsuit, Zucker alleged that Alarr repeatedly subjected her to unwanted sexual advances and physical touching during production of Days of Our Lives and that she was written off the show and eventually fired for reporting his alleged abuse. (The lawsuit states that Alarr started working on the show in 2005 and was promoted to his co-executive producer role in 2015.)
“Alarr would frequently grab and tightly hug plaintiff, purposely pushing her breasts onto his chest, while moaning, ‘Oh Ari!’” Zucker’s complaint reads. “Alarr would put his hand on plaintiff’s waist, with his thumbs placed just above her vagina, and move her around, all the while smirking and grinning in a sexual manner, making plaintiff extremely uncomfortable.”
The complaint alleges Alarr also would make comments to Zucker’s male costar during scenes such as “You really just want to fuck her,” and “Believe me, I’d love to switch positions with you.” Zucker alleges she also observed Alarr tightly hugging other female actresses “while moaning sexually,” and when someone once questioned his actions, “Alarr curtly responded, ‘Women are so hysterical.’”
Zucker’s lawsuit names Alarr as well as Corday Productions and the show’s top boss, Ken Corday, as defendants. It alleges Corday failed to act when Zucker voiced her concerns about Alarr. Zucker alleges Corday was friends with Alarr and only terminated him after she and two dozen other employees drafted a petition to end Alarr’s employment that was picked up by national media. She says that after she complained, her subsequent contract negotiations ended with producers offering her a substandard “take it or leave it” deal that was akin to a contract termination.
In court filings, Alarr and his lawyers claim Zucker’s allegations “range from fictional to embellished to taken wildly out of context.” A rep for Corday Productions previously said the lawsuit’s allegations were “without merit.”
“Corday Productions offered to renew Ms. Zucker’s contract including offering her a pay increase. Rejecting Ms. Zucker’s counteroffer does not constitute retaliation,” the rep said in a statement. “Complaints about Mr. Alarr’s on-set behavior were promptly investigated. Corday Productions fully cooperated with the impartial investigation and subsequently terminated Mr. Alarr.”
Beyond her acting career, Zucker, 50, was thrust into the international spotlight during the 2016 presidential election when the 2005 recording of Trump speaking with former Access Hollywood host Billy Bush leaked to the Washington Post. In the recording, Trump made his highly offensive comments after catching a glimpse of Zucker while sitting on a bus, awaiting a cameo appearance on DOOL.
In the recording that became a flashpoint in the 2016 presidential race, Bush pointed out Zucker as the one who was set to escort Trump to the set. “Your girl’s hot as shit,” Bush is heard saying, to which Trump replies, “Whoa!”
“I better use some Tic Tacs, just in case I start kissing her,” Trump continues. “You know, I’m automatically attracted to beautiful — I just start kissing them. It’s like a magnet. Just kiss. I don’t even wait. And when you’re a star, they let you do it. You can do anything… Grab ‘em by the pussy. You can do anything.”
After news of the recording broke, Trump dismissed the tape as “locker room talk.” Zucker responded with a statement making it clear she considered the statements offensive. “I have grown to learn that the words of others cannot [affect] the value of my self-worth or define the content of my character. How we treat one another, whether behind closed doors, locker rooms or face to face, should be done with kindness, dignity and respect,” she said at the time. “Unfortunately, there are too many people in power who abuse their position and disregard these simple principles and are rewarded for it.”
In a recent podcast appearance, Zucker seemed to soften that stance, saying Trump’s comments sounded “like something my fraternity guys I know would say… I just didn’t see it in the way that people were seeing it.”
