Industry Resources - For Workers
These FAQs are designed to help workers learn more about their rights, reporting options and support resources.
All employers, like production companies, must provide a workplace free from discrimination, harassment and retaliation. Beyond these basic legal requirements that govern every workplace, many employers provide additional protections in their policies. For example, many employers have anti-bullying policies, even though bullying may not be against the law.
These FAQs do not constitute legal advice. Consult with an attorney if you have questions or think your rights as a worker have been violated. If you find inaccuracies or want to suggest a topic, please send us a note at: admin@hollywoodcommission.org
DISCRIMINATION & HARASSMENT
Discrimination & Harassment
Employers have a legal obligation to provide a workplace free from all forms of unlawful discrimination, harassment and retaliation. Harassment is an unlawful form of discrimination when it is based on a legally protected characteristic – like gender, race or ethnicity, color, religion, creed, national origin, alien or citizenship status, age, disability, sexual orientation or marital status.
Employers may enforce policies covering a wide range of behavior that goes well beyond what the law requires. For example, many studios, streamers and other employers prohibit abusive behavior or “bullying” in the workplace even though it may not technically be against the law.
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Discrimination is treating someone unfairly or less favorably because of protected characteristics like age, race or sex.
Sometimes, discrimination involves exclusion from or different treatment in connection with employment. This includes hiring, firing, compensation, job assignments, promotions, layoffs, training, or benefits. Discrimination sometimes takes the form of harassment and, in the case of sex-based discrimination, discrimination can include sexual harassment and sexual assault.
Sometimes, discrimination involves exclusion from or different treatment in connection with employment. This includes hiring, firing, compensation, job assignments, promotions, layoffs, training, or benefits. Discrimination sometimes takes the form of harassment and, in the case of sex-based discrimination, discrimination can include sexual harassment and sexual assault.
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Discrimination can occur in two ways:
Disparate Treatment – Intentional discrimination by an employer because of a person’s membership in a protected class.
Disparate Impact – An employment policy or practice that appears on its face to be neutral or non-discriminatory, but has a disproportionately adverse impact on people of a particular protected class.
Disparate Treatment – Intentional discrimination by an employer because of a person’s membership in a protected class.
Disparate Impact – An employment policy or practice that appears on its face to be neutral or non-discriminatory, but has a disproportionately adverse impact on people of a particular protected class.
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Depending on the circumstances the following may constitute discrimination:
• Refusing to hold auditions in a wheelchair-accessible building
• Refusing to hire writers over the age of 35
• Limiting opportunities to work on certain assignments because of, e.g., pregnancy.
• Refusing to hold auditions in a wheelchair-accessible building
• Refusing to hire writers over the age of 35
• Limiting opportunities to work on certain assignments because of, e.g., pregnancy.
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Harassment is offensive, humiliating, or intimidating conduct based on protected characteristics like age, race or sex. It can be verbal, visual or physical and can happen in person, by phone, over email, or on social media. Sexual harassment is only one of the many forms of harassment.
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Unlawful workplace harassment, including sexual harassment, occurs when a person directs negative, inappropriate, or unwanted conduct at a worker based on certain protected characteristics or classes. This can include slurs, offensive or derogatory remarks, or the display of offensive symbols directed at a particular group or class. Depending on the circumstances the following conduct may constitute harassment, including for observers:
• “You have a nice complexion, not too dark”; “He’s so bipolar” (offensive remarks about skin color, natural hair, age, mental or physical disability or any protected characteristic)
• “You’re pretty good for an Arab. I’m just kidding” (inappropriate jokes or teasing)
• Touching someone’s hair, unrelated to a legitimate work purpose
• “I didn’t know you were Black. You don’t sound like it.” (negative stereotyping).
• “You have a nice complexion, not too dark”; “He’s so bipolar” (offensive remarks about skin color, natural hair, age, mental or physical disability or any protected characteristic)
• “You’re pretty good for an Arab. I’m just kidding” (inappropriate jokes or teasing)
• Touching someone’s hair, unrelated to a legitimate work purpose
• “I didn’t know you were Black. You don’t sound like it.” (negative stereotyping).
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Federal (Title VII of the Civil Rights Act of 1964) and state employment laws – like California (Fair Employment and Housing Act) and New York (New York Human Rights Law) – prohibit discrimination and harassment in the workplace based on protected characteristics like age, gender or race. Some local laws, like those in New York City, also prohibit workplace discrimination and harassment. Employment laws generally don’t have criminal implications. Under both state and federal law, employers must maintain a workplace free from all forms of discrimination, retaliation and harassment, including sexual harassment. Employers are under a legal obligation to not only control the behavior of its employees but also those of other workers – such as vendors and contractors – in the workplace.
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No. Many types of conduct many people would consider “harassing” are legal. To be against the law, the harassment must (1) target or single out a worker because of a legally protected characteristic and (2) enduring the offensive conduct becomes a condition of continued employment or the conduct creates a hostile work environment.
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It depends. Many federal laws provide protection only for employees and applicants. Some state laws (including New York and California) offer legal protection against discrimination and harassment for independent contractors, vendors, students, interns and others in the workplace. This could include production personnel (e.g., producers, executive producers, production managers and line producers, department heads, writers, directors), cast and crew, and personal assistants.
Federal law
Generally, federal law protects only employees and applicants from discrimination, harassment, and retaliation. These provisions apply to employers with 15 or more employees.
California
California law requires employers to protect a broad range of workers. This includes employees, job applicants, unpaid interns or non-employees providing services under a contract. This requirement applies to all employers, regardless of size.
Georgia
Unlike many other states, Georgia does not have an anti-discrimination statute that covers several protected classes. Instead, Georgia has only a few anti-discrimination statutes that cover specific areas like age or disability. However, Georgia citizens are protected under the federal laws, which are enforced by the Equal Employment Opportunity Commission (EEOC), which applies to employers with 15 or more employees.
New York
New York law requires employers to protect a broad range of workers. This includes employees, applicants for employment, paid and unpaid interns, contractors and persons conducting business, regardless of immigration status, with an employer. Protected non-employees – someone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or anyone providing services in the workplace – include persons commonly referred to as independent contractors, “gig” workers and temporary workers. Also included are persons providing equipment repair, cleaning services or any other services provided pursuant to a contract with the employer. This requirement applies to all employers, regardless of size.
Federal law
Generally, federal law protects only employees and applicants from discrimination, harassment, and retaliation. These provisions apply to employers with 15 or more employees.
California
California law requires employers to protect a broad range of workers. This includes employees, job applicants, unpaid interns or non-employees providing services under a contract. This requirement applies to all employers, regardless of size.
Georgia
Unlike many other states, Georgia does not have an anti-discrimination statute that covers several protected classes. Instead, Georgia has only a few anti-discrimination statutes that cover specific areas like age or disability. However, Georgia citizens are protected under the federal laws, which are enforced by the Equal Employment Opportunity Commission (EEOC), which applies to employers with 15 or more employees.
New York
New York law requires employers to protect a broad range of workers. This includes employees, applicants for employment, paid and unpaid interns, contractors and persons conducting business, regardless of immigration status, with an employer. Protected non-employees – someone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or anyone providing services in the workplace – include persons commonly referred to as independent contractors, “gig” workers and temporary workers. Also included are persons providing equipment repair, cleaning services or any other services provided pursuant to a contract with the employer. This requirement applies to all employers, regardless of size.
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It depends. Workers are legally protected from discrimination and harassment against them on the basis of certain traits. These traits are often referred to as legally protected characteristics, classes or categories. Many characteristics, like race and gender, are always protected. The complete list of characteristics protected by law depends on where the employee works. An employer may protect additional characteristics. Check the information provided by your employer.
Federal
• Age
• Disability
• Genetic information
• National origin
• Pregnancy
• Race/color
• Religion
• Retaliation
• Sex (including sex stereotyping)
• Sexual orientation
• Gender identity
California
• Race (including traits historically associated with race including, but not limited to, hair texture and protective hairstyles)
• Sex (including pregnancy, childbirth and related medical conditions, breastfeeding, and conditions related to breastfeeding)
• Gender
• Religion (including religious dress and grooming practices)
• Color
• National origin
• Ancestry
• Physical or mental disability
• Medical condition
• Marital status
• Registered domestic partner status
• Sexual orientation
• Gender identity and gender expression
• Age (age 40 and over)
• Genetic information
• Military and/or veteran status
• Lawful change of name
• Social Security Number or federal employment authorization document
• Receipt of Medi-Cal coverage
• California driver’s license with a “federal limits apply” notation
Georgia
Georgia has adopted the federal list of protected characteristics
New York
• Race
• Creed
• Color
• National origin
• Sexual orientation
• Military status
• Sex
• Age
• Marital status
• Domestic violence victim status
• Disability
• Pregnancy-related condition
• Predisposing genetic characteristics
• Prior arrest or conviction record
• Gender identity or expression
• Familial status
• Lawful source of income (in housing only)
• Retaliation for opposing unlawful discriminatory practices
• Criminal history
Federal
• Age
• Disability
• Genetic information
• National origin
• Pregnancy
• Race/color
• Religion
• Retaliation
• Sex (including sex stereotyping)
• Sexual orientation
• Gender identity
California
• Race (including traits historically associated with race including, but not limited to, hair texture and protective hairstyles)
• Sex (including pregnancy, childbirth and related medical conditions, breastfeeding, and conditions related to breastfeeding)
• Gender
• Religion (including religious dress and grooming practices)
• Color
• National origin
• Ancestry
• Physical or mental disability
• Medical condition
• Marital status
• Registered domestic partner status
• Sexual orientation
• Gender identity and gender expression
• Age (age 40 and over)
• Genetic information
• Military and/or veteran status
• Lawful change of name
• Social Security Number or federal employment authorization document
• Receipt of Medi-Cal coverage
• California driver’s license with a “federal limits apply” notation
Georgia
Georgia has adopted the federal list of protected characteristics
New York
• Race
• Creed
• Color
• National origin
• Sexual orientation
• Military status
• Sex
• Age
• Marital status
• Domestic violence victim status
• Disability
• Pregnancy-related condition
• Predisposing genetic characteristics
• Prior arrest or conviction record
• Gender identity or expression
• Familial status
• Lawful source of income (in housing only)
• Retaliation for opposing unlawful discriminatory practices
• Criminal history
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Almost always, employers prohibit conduct that violates employment law or criminal law, like sexual assault. But employer policies can also address a wide range of behavior beyond what the law requires. For example, an employer may enforce a policy prohibiting dating or romantic relationships between a supervisor and a non-supervisor at work, even though there is no state or federal law that would prohibit these relationships. An employer may prohibit bullying, even though it may not be against the law. Or an employer could prohibit a single inappropriate sexual joke, even though it might not create a hostile work environment.
SEXUAL HARASSMENT
Sexual Harassment
An employer has the obligation to provide a workplace free of unlawful sexual harassment – a form of harassment – and to take appropriate action if it becomes aware of violations.
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Sexual harassment is conduct of a sexual nature or based on sex that is unwelcome, unwanted, offensive, intimidating, or hostile. Sexual harassment is gender-neutral and orientation-neutral. It can be perpetrated by any gender against any gender.
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There are two types of sexual harassment: “Quid Pro Quo” and “Hostile Work Environment.”
Type 1: “Hostile Work Environment” sexual harassment is characterized by conduct that unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile or offensive work environment.
It may include unwelcome verbal, physical or visual conduct that is severe or pervasive, and which creates an intimidating, hostile, or offensive work environment or interferes with work performance. You may experience such sexual harassment even if the offensive conduct was not directed towards you.
Examples
Making sexually explicit or derogatory comments or jokes, either out loud or via email; inappropriate touching or groping; visual conduct includes making sexually suggestive gestures or publicly displaying sexually suggestive or explicit images. Sexual harassment may include actions described above as harassment. In addition, depending on the circumstances the following conduct may constitute sexual harassment, including for observers:
• “We should make sure the PAs are hotter” (off-color comments)
• Calling a female executive, a “cynical bitch” (gender-specific slurs)
• Telling a male grip he’s “such a pussy” or “sissy” (belittling and sex stereotyping)
• Repeated requests for dates, despite rejection
• Blocking someone’s exit from a wardrobe trailer
• Lingering hugs, hugs from behind, massages or shoulder rubs, caressing or poking
Type 2: Quid Pro Quo means “this for that.” It occurs when sexual favors are requested or demanded in exchange for a specific benefit.
This for that sexual harassment generally happens through an offer or a threat:
• An employer or supervisor offers an employee some kind of benefit which is conditioned upon the employee submitting to a sexual favor
Example
Producer agrees to cast actor/actress only if s/he submits to sexual request(s).
• An employer or supervisor threatens an employee with work-related action, like a threat of termination, unless the employee submits to certain sexual demands. Merely hinting at a job benefit in exchange for sexual favors can constitute quid pro quo sexual harassment.
Example
Financier threatens to pull funding from project because an individual refuses to submit to sexual request(s).
Type 1: “Hostile Work Environment” sexual harassment is characterized by conduct that unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile or offensive work environment.
It may include unwelcome verbal, physical or visual conduct that is severe or pervasive, and which creates an intimidating, hostile, or offensive work environment or interferes with work performance. You may experience such sexual harassment even if the offensive conduct was not directed towards you.
Examples
Making sexually explicit or derogatory comments or jokes, either out loud or via email; inappropriate touching or groping; visual conduct includes making sexually suggestive gestures or publicly displaying sexually suggestive or explicit images. Sexual harassment may include actions described above as harassment. In addition, depending on the circumstances the following conduct may constitute sexual harassment, including for observers:
• “We should make sure the PAs are hotter” (off-color comments)
• Calling a female executive, a “cynical bitch” (gender-specific slurs)
• Telling a male grip he’s “such a pussy” or “sissy” (belittling and sex stereotyping)
• Repeated requests for dates, despite rejection
• Blocking someone’s exit from a wardrobe trailer
• Lingering hugs, hugs from behind, massages or shoulder rubs, caressing or poking
Type 2: Quid Pro Quo means “this for that.” It occurs when sexual favors are requested or demanded in exchange for a specific benefit.
This for that sexual harassment generally happens through an offer or a threat:
• An employer or supervisor offers an employee some kind of benefit which is conditioned upon the employee submitting to a sexual favor
Example
Producer agrees to cast actor/actress only if s/he submits to sexual request(s).
• An employer or supervisor threatens an employee with work-related action, like a threat of termination, unless the employee submits to certain sexual demands. Merely hinting at a job benefit in exchange for sexual favors can constitute quid pro quo sexual harassment.
Example
Financier threatens to pull funding from project because an individual refuses to submit to sexual request(s).
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To create a hostile work environment, the question in most places – including under federal law and in California, Georgia and Illinois – is whether the conduct is “severe or pervasive”. Generally, this means the conduct must be severe, frequent or both to be hostile. Under this standard, a few annoying or mildly offensive comments are usually not enough.
New York uses a different standard than “severe or pervasive”. In New York, harassment is unlawful if it is anything more than “petty slights or trivial inconveniences.”
New York uses a different standard than “severe or pervasive”. In New York, harassment is unlawful if it is anything more than “petty slights or trivial inconveniences.”
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It doesn’t matter what the person’s motives are for the comments or actions. They may be attempting to compliment, play matchmaker, or inappropriately share details of sexual exploits. Or they may simply be ignorant of their own offensive behavior. What matters is how the person feels who is on the receiving end of the behavior. In many jurisdictions, courts assess whether or not a reasonable person would be offended by the harasser’s action(s).
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Yes. Even employees who are only indirectly affected by offensive conduct in the workplace could have cause for a complaint. A personal assistant who is made uncomfortable by lewd remarks in the workplace doesn’t have to have comments made directly to them to be a victim of sexual harassment.
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Even when conduct is not unlawful, it can still have a negative impact on you. It’s an employer’s job to maintain a workplace free from harassment. Unless you’re certain the conduct isn’t serious, it’s best to address it immediately.
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You’re still protected. An employer’s responsibility to provide a safe workplace extends to conduct connected to an employee’s work. This could include the wardrobe trailer or an audition, or a business trip or social function like a wrap party or premiere.
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No. Many believe that for something to be considered sexual harassment, there must be physical touching or abuse involved. However, sexual harassment can take many different forms including verbal or written, physical, nonverbal or visual.
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No. Contrary to popular belief, the aim of most sexual harassment is to put people down.
The most common form of sexual harassment is gender harassment – acts that convey offensive, demeaning or derisive attitudes based on gender or sex. In The Hollywood Commission Survey, both men and women reported high rates of gender harassment.
Examples of gender harassment include:
• Insults to the abilities of the target – “women don’t belong in visual effects” or “men suck as makeup artists.”
• Vulgar and aggressive name calling, like calling a woman supervisor an “ignorant slut” or a male co-worker a “pussy.”
• The display or online sharing of sexually degrading images and slogans like lewd graffiti, graphic cartoons or sexual slurs scrawled on white boards.
The most common form of sexual harassment is gender harassment – acts that convey offensive, demeaning or derisive attitudes based on gender or sex. In The Hollywood Commission Survey, both men and women reported high rates of gender harassment.
Examples of gender harassment include:
• Insults to the abilities of the target – “women don’t belong in visual effects” or “men suck as makeup artists.”
• Vulgar and aggressive name calling, like calling a woman supervisor an “ignorant slut” or a male co-worker a “pussy.”
• The display or online sharing of sexually degrading images and slogans like lewd graffiti, graphic cartoons or sexual slurs scrawled on white boards.
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Anyone can be sexually harassed. People traditionally think of sexual harassment as being perpetrated by a man towards a woman. This isn’t always the case, and the gender identity of the individual engaging in the conduct or the individual claiming harassment is not controlling or relevant.
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No. The creative nature of the work in no way suggests that sexual harassment or other types of misconduct can’t take place in entertainment workplaces, including a writers’ room.
In a creative workplace, there might be a need to discuss or display materials that might otherwise violate a harassment prevention policy. Such discussions and materials are allowed if they are demonstrably related to the creative process and not directed at any person because of that individual’s protected characteristic. It is important to remember that this exception is limited and can’t be used as an excuse to harass.
In a creative workplace, there might be a need to discuss or display materials that might otherwise violate a harassment prevention policy. Such discussions and materials are allowed if they are demonstrably related to the creative process and not directed at any person because of that individual’s protected characteristic. It is important to remember that this exception is limited and can’t be used as an excuse to harass.
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Employers are under a legal obligation to not only control the behavior of its own employees but also those of other workers – such as a vendor or a contractor – in the workplace. Harassers can be supervisors or coworkers, but they can also be non-employees such as vendors, contractors or customers. For example, if a caterer makes inappropriate comments to men on production, the affected employees could file charges – even though the offender isn’t an employee. An employer has an obligation to provide a workplace free of harassment, regardless of who might be engaging in the offending conduct.
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California prohibits sexual harassment and retaliation in a variety of non-employment relationships outside the workplace and covers non-employment relationships. Aimed at addressing imbalances of power, the law allows someone to prove a cause of action for sexual harassment against a defendant who held themself out as being able to help the individual establish a professional relationship, such as for a prospective role in a film. This law specifically includes producers, directors and others in powerful positions, even if the sexual harassment happens outside of employment. This same extended protection does not exist in New York or under federal law.
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It depends. California protects, as a privileged communication not subject to liability for defamation, any complaint of sexual harassment made by an employee to an employer, based upon credible evidence and without malice.
New York does not have the same protection against defamation actions for individuals claiming sexual harassment. However, it is challenging to establish a defamation claim and includes a requirement that the statements made were false and that the individual making the harassment allegations was negligent in sharing the information.
New York does not have the same protection against defamation actions for individuals claiming sexual harassment. However, it is challenging to establish a defamation claim and includes a requirement that the statements made were false and that the individual making the harassment allegations was negligent in sharing the information.
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While most forms of sexual harassment aren’t criminal, criminal law generally recognizes the crimes of rape, attempted rape and sexual assault.
WORKPLACE BULLYING
Workplace Bullying
Abusive behavior or “bullying” in the workplace may be unconnected to a protected class but can also nevertheless make working conditions unacceptable. Many employers have anti-bullying policies. In extreme cases, the abuse may be so egregious that it triggers legal protections.
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Bullying is a pattern of conduct that a reasonable person would find hostile, offensive or humiliating. Bullying involves persistent cruelty and condescension directed at an individual. A single act generally isn’t bullying unless especially severe or egregious.
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Bullying does not include legitimate, respectful feedback or advice intended to improve work performance. Conduct may not rise to the level of bullying if it is merely rude (inadvertently saying or doing something hurtful), mean (purposefully saying or doing something hurtful, but not as part of a pattern of behavior), or arising from conflict between people with incompatible views and/or positions.
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The following repeated conduct depending on the circumstances, may be abusive:
• Personal attacks (“you’re too stupid to operate a dolly”)
• Ridiculing a crew member in front of others (calling ideas “ridiculous” and work “amateur”)
• Intentionally excluding someone from a relevant meeting
• Screaming, swearing, and throwing tantrums (“You must want me pissed off! Do you want me to lose control like this?!?”)
• Kicking a chair or throwing paper weights.
• Personal attacks (“you’re too stupid to operate a dolly”)
• Ridiculing a crew member in front of others (calling ideas “ridiculous” and work “amateur”)
• Intentionally excluding someone from a relevant meeting
• Screaming, swearing, and throwing tantrums (“You must want me pissed off! Do you want me to lose control like this?!?”)
• Kicking a chair or throwing paper weights.
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There isn’t a federal law or state law in California, Georgia or New York specifically prohibiting workplace bullying. However, many studios, streamers, production companies and other employers have policies against abusive behavior that make violations subject to discipline up to and including termination. In some cases, severe abuse inflicting physical or emotional harm could support legal claims of battery or intentional infliction of emotional distress or even a temporary restraining order.
REPORTING & ADDRESSING MISCONDUCT
ADDRESSING AND REPORTING HARASSMENT AND DISCRIMINATION VIOLATIONS
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Workers who have experienced misconduct have three basic options:
• Report to an employer.
• If the conduct may be unlawful, bring an administrative claim with a federal or state agency, like the Equal Employment Opportunity Council.
• File a lawsuit. This may require filing an administrative claim first.
• Report to an employer.
• If the conduct may be unlawful, bring an administrative claim with a federal or state agency, like the Equal Employment Opportunity Council.
• File a lawsuit. This may require filing an administrative claim first.
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There is no one “best way” and no right answer for how to best respond to discrimination, harassment, sexual harassment, bullying or other abusive workplace conduct. If you aren’t ready to file a complaint with an employer or agency, you can find counseling and support. But be aware that there are legal time limits within which you will need to file a claim, should you want to do so.
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Both employers and individual harassers may be liable for harassment in the workplace.
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Employers should have a mechanism to report sexual harassment and communicate that to employees. Frequently, this information can be found on call sheets and, for permanent employees like broadcasters, employee handbooks or policy manuals. If the employer is a short-lived production company that doesn’t exist after the project is over, it may not be obvious who to contact. See the Resources section of the FAQs for resources that will provide free guidance and help, like the WIF Helpline.
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The employer’s process will depend on a variety of factors, including whether what is reported requires a formal investigation or can be addressed more informally.
If an employer conducts an investigation, it should be fair. From a practical perspective, a fair investigation means:
• Conducting a thorough interview with the complaining party, preferably in person.
• Giving the accused party a chance to tell his/her side of the story, preferably in person – in other words, making the allegations clear to the accused party and getting a clear response.
• Interviewing relevant witnesses and reviewing relevant documents. This does not mean an investigator must interview every witness or review every document suggested by the complainant or accused party. The investigator will exercise discretion but interview any witness whose information could impact the findings of the investigation and attempt to gather any documents that could reasonably confirm or undermine the allegations or the response to the allegations.
• Doing other work that might be necessary to get all the facts (perhaps visiting the work site, viewing videotapes, taking pictures, etc.).
• Reaching a reasonable and fair conclusion based on the information collected, reviewed and analyzed during the investigation.
• Depending on the circumstances, parties may be timely informed of appropriate information related to the outcome of an investigation either as a complainant or a respondent.
If an employer conducts an investigation, it should be fair. From a practical perspective, a fair investigation means:
• Conducting a thorough interview with the complaining party, preferably in person.
• Giving the accused party a chance to tell his/her side of the story, preferably in person – in other words, making the allegations clear to the accused party and getting a clear response.
• Interviewing relevant witnesses and reviewing relevant documents. This does not mean an investigator must interview every witness or review every document suggested by the complainant or accused party. The investigator will exercise discretion but interview any witness whose information could impact the findings of the investigation and attempt to gather any documents that could reasonably confirm or undermine the allegations or the response to the allegations.
• Doing other work that might be necessary to get all the facts (perhaps visiting the work site, viewing videotapes, taking pictures, etc.).
• Reaching a reasonable and fair conclusion based on the information collected, reviewed and analyzed during the investigation.
• Depending on the circumstances, parties may be timely informed of appropriate information related to the outcome of an investigation either as a complainant or a respondent.
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No. While employers should do everything they can to protect the confidentiality of someone who makes a report, employers can only promise limited confidentiality. This means disclosure of information will be limited to those who “need to know.” An investigator cannot promise complete secrecy because it may be necessary to disclose information during the investigation in order to complete the investigation and take appropriate action.
It is also not possible to promise that a complaint’s identity can be kept entirely “confidential” for several reasons, as identified by California’s Department of Fair Employment and Housing:
• If the complaint is of potential violation of law or policy, the employer will need to investigate, and in the process of investigating it is likely that people will know or assume details about the allegations, including the identity of the person who complained.
• This is true even when the name of the complainant is not disclosed since allegations are often clear enough for people to figure out who complained about what.
• The individual receiving the complaint will usually have to consult with someone else at the company about what steps to take and to collect information about whether there have been past complaints involving the same employee, etc. That means the complaint will be discussed with others within the organization.
• The company may need to take disciplinary action. Again, while the identity of the person who brought the complaint may in some cases be kept confidential, the complaint itself cannot be.
It is also not possible to promise that a complaint’s identity can be kept entirely “confidential” for several reasons, as identified by California’s Department of Fair Employment and Housing:
• If the complaint is of potential violation of law or policy, the employer will need to investigate, and in the process of investigating it is likely that people will know or assume details about the allegations, including the identity of the person who complained.
• This is true even when the name of the complainant is not disclosed since allegations are often clear enough for people to figure out who complained about what.
• The individual receiving the complaint will usually have to consult with someone else at the company about what steps to take and to collect information about whether there have been past complaints involving the same employee, etc. That means the complaint will be discussed with others within the organization.
• The company may need to take disciplinary action. Again, while the identity of the person who brought the complaint may in some cases be kept confidential, the complaint itself cannot be.
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It depends. Some employers have an option to report anonymously. This means that you do not identify yourself as the individual making the report, while providing other details concerning what happened. To the extent possible, employers will investigate anonymous complaints. The method will depend on the details provided in the anonymous complaint, but an anonymous complaint may limit an employer’s ability to investigate.
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It depends. Any employer disciplinary action will likely depend on the severity of the misconduct. Available actions generally range from a warning to termination. Most employers do not automatically terminate someone for harassment, particularly if it is a first-time offense or if it considered lower level. However, for conduct like sexual assault, employers will likely terminate the individual.
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In most cases, workers do not need to make use of their employer’s internal procedure before filing a claim with the appropriate agency. However, in almost all cases, the worker must file a complaint with the appropriate federal or state administrative agency and receive permission to file a lawsuit before filing a lawsuit in court. For example, a federal employment discrimination case cannot be filed in court without first going to the EEOC and having the EEOC investigate a case and issue a “Notice of Right to Sue.”
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Yes. Complaining internally to an employer does not extend your time to file with a federal or state agency or in court.
• The filing deadline (statute of limitations) under federal law (Title VII) and Georgia is 180 days. In California, Illinois, New York and any other state where a state or local agency enforces a law that prohibits discrimination on the same basis, the period to file a claim under federal law is extended to 300 days.
• The statute of limitations under California law is three years from the last act of discrimination or harassment. The time to file a lawsuit after receiving a right to sue letter is one year.
• In Illinois, an administrative complaint must be filed with the Illinois Department of Human Rights or the EEOC within 300 days. Any discrimination lawsuit must be filed in state court within 90 days of the Illinois agency notice that there is substantial evidence for the claim or that the claim could not be resolved.
• In New York, discrimination complaints with the Division of Human Rights (DHR) may be filed any time within one year of the last act of discrimination, except that complaints of sexual harassment can be filed within three years of the harassment (as of Aug. 12, 2020). If an individual did not file at DHR, they can sue directly in state court under the Human Rights Law, within three years of alleged sexual harassment or discrimination. An individual may not file with DHR if they have already filed a HRL complaint in state court. Individuals working in New York City may also file administrative claims with the New York City Commission on Human Rights under the New York City Human Rights Law. Based on recent amendments to the New York state law, the coverage of these laws – and the applicable limitations periods – are similar.
• The filing deadline (statute of limitations) under federal law (Title VII) and Georgia is 180 days. In California, Illinois, New York and any other state where a state or local agency enforces a law that prohibits discrimination on the same basis, the period to file a claim under federal law is extended to 300 days.
• The statute of limitations under California law is three years from the last act of discrimination or harassment. The time to file a lawsuit after receiving a right to sue letter is one year.
• In Illinois, an administrative complaint must be filed with the Illinois Department of Human Rights or the EEOC within 300 days. Any discrimination lawsuit must be filed in state court within 90 days of the Illinois agency notice that there is substantial evidence for the claim or that the claim could not be resolved.
• In New York, discrimination complaints with the Division of Human Rights (DHR) may be filed any time within one year of the last act of discrimination, except that complaints of sexual harassment can be filed within three years of the harassment (as of Aug. 12, 2020). If an individual did not file at DHR, they can sue directly in state court under the Human Rights Law, within three years of alleged sexual harassment or discrimination. An individual may not file with DHR if they have already filed a HRL complaint in state court. Individuals working in New York City may also file administrative claims with the New York City Commission on Human Rights under the New York City Human Rights Law. Based on recent amendments to the New York state law, the coverage of these laws – and the applicable limitations periods – are similar.
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It depends. Depending on the agency, available remedies may include those damages that are typically associated with lawsuits, such as back pay, front pay, hiring/reinstatement, promotion, out-of-pocket expenses, policy changes, training, reasonable accommodation(s), damages for emotional distress, punitive damages, and attorney’s fees and costs. There are specific requirements for a complaint to be accepted. While a private attorney is not required to file a complaint with a governmental agency, you may seek the legal advice of an attorney. You may also choose to pursue independent civil claims for damages in court.
In almost all cases, the worker must file a complaint with the appropriate federal or state agency and receive permission to file a lawsuit before filing a lawsuit in court. For example, a federal employment discrimination case cannot be filed in court without first going to the EEOC and having the EEOC investigate a case and issue a “Notice of Right to Sue.”
In almost all cases, the worker must file a complaint with the appropriate federal or state agency and receive permission to file a lawsuit before filing a lawsuit in court. For example, a federal employment discrimination case cannot be filed in court without first going to the EEOC and having the EEOC investigate a case and issue a “Notice of Right to Sue.”
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Workers can file formal complaints of discrimination, harassment, or retaliation with the agencies listed below. Individuals who want to pursue filing with these agencies should contact them directly to obtain further information about their processes and time limits.
U.S. Equal Employment Opportunity Commission
The EEOC has district, area, and field offices where complaints can be filed. Contact the EEOC by calling 1-800-669- 4000 (TTY: 1-800-669-6820), visiting their website at www.eeoc.gov or via email at info@eeoc.gov
California Department of Fair Employment and Housing
800-884-1684 (voice), 800-700-2320 (TTY) or California’s Relay Service at 711
contact.center@dfeh.ca.gov
www.dfeh.ca.gov
Illinois
Illinois Department of Human Rights (IDHR)
• Chicago: 1-312-814-6200 or 1-800-662-3942; TTY 1-866-740-3953
• Springfield: 1-217-785-5100; TTY 1-866-740-3953
• Marion: 1-618-993-7463; TTY 1-866-740-3953
Illinois Human Rights Commission (IHRC)
• Chicago: 1-312-814-6269; TTY 1-312-814-4760
• Springfield: 1-217-785-4350; TTY 1-217-557-1500
United States Equal Employment Opportunity Commission (EEOC)
• Chicago: 1-800-669-4000; TTY 1-800-869-8001
New York
NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458
(718) 741-8400
www.dhr.ny.gov
For information about filing a complaint, contact DHR at: (888) 392-3644
www.dhr.ny.gov/complaint
Local New York Protections
Many New York localities enforce laws protecting individuals from sexual harassment and discrimination. Contact the county, city or town in which they live to find out if such a law exists. For example, employees who work in New York City may file complaints of sexual harassment with the New York City Commission on Human Rights. Contact their main office at Law Enforcement Bureau of the NYC Commission on Human Rights, 22 Reade Street, 1st Floor, New York, New York; call 311 or (212) 306-7450; or visit www.nyc.gov/html/cchr/html/home/home.shtml
U.S. Equal Employment Opportunity Commission
The EEOC has district, area, and field offices where complaints can be filed. Contact the EEOC by calling 1-800-669- 4000 (TTY: 1-800-669-6820), visiting their website at www.eeoc.gov or via email at info@eeoc.gov
California Department of Fair Employment and Housing
800-884-1684 (voice), 800-700-2320 (TTY) or California’s Relay Service at 711
contact.center@dfeh.ca.gov
www.dfeh.ca.gov
Illinois
Illinois Department of Human Rights (IDHR)
• Chicago: 1-312-814-6200 or 1-800-662-3942; TTY 1-866-740-3953
• Springfield: 1-217-785-5100; TTY 1-866-740-3953
• Marion: 1-618-993-7463; TTY 1-866-740-3953
Illinois Human Rights Commission (IHRC)
• Chicago: 1-312-814-6269; TTY 1-312-814-4760
• Springfield: 1-217-785-4350; TTY 1-217-557-1500
United States Equal Employment Opportunity Commission (EEOC)
• Chicago: 1-800-669-4000; TTY 1-800-869-8001
New York
NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458
(718) 741-8400
www.dhr.ny.gov
For information about filing a complaint, contact DHR at: (888) 392-3644
www.dhr.ny.gov/complaint
Local New York Protections
Many New York localities enforce laws protecting individuals from sexual harassment and discrimination. Contact the county, city or town in which they live to find out if such a law exists. For example, employees who work in New York City may file complaints of sexual harassment with the New York City Commission on Human Rights. Contact their main office at Law Enforcement Bureau of the NYC Commission on Human Rights, 22 Reade Street, 1st Floor, New York, New York; call 311 or (212) 306-7450; or visit www.nyc.gov/html/cchr/html/home/home.shtml
RETALIATION
RETALIATION
Fear of retaliation is one of the biggest concerns that stops workers from raising concerns.
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Retaliation is any “adverse employment action” action taken against an employee because the employee engaged in “protected activity” or action that could reasonably discourage someone from coming forward to make or support an allegation of misconduct.
Protected activities may include, but are not limited to, reporting or assisting in reporting suspected violations involving discrimination, harassment or other misconduct and/or cooperating in investigations or proceedings involving discrimination, harassment or other misconduct.
Adverse employment action is conduct or an action that materially affects the terms and conditions of the employee’s employment status or is reasonably likely to deter the employee from engaging in protected activity. Even actions that do not result in a direct loss of compensation may be regarded as an adverse employment action when considered in the totality of the circumstances.
Protected activities may include, but are not limited to, reporting or assisting in reporting suspected violations involving discrimination, harassment or other misconduct and/or cooperating in investigations or proceedings involving discrimination, harassment or other misconduct.
Adverse employment action is conduct or an action that materially affects the terms and conditions of the employee’s employment status or is reasonably likely to deter the employee from engaging in protected activity. Even actions that do not result in a direct loss of compensation may be regarded as an adverse employment action when considered in the totality of the circumstances.
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Examples of conduct that, depending on the circumstances, may be retaliatory include but are not limited to:
• replacing or terminating at the end of a season; reducing pay, demoting or suspending
• threatening to deny employment (“if you pick up the phone, you’re dead in this town”)
• recommending a producer not to hire someone who reported misconduct because “they are difficult” or “make trouble”
• making physical threats.
• replacing or terminating at the end of a season; reducing pay, demoting or suspending
• threatening to deny employment (“if you pick up the phone, you’re dead in this town”)
• recommending a producer not to hire someone who reported misconduct because “they are difficult” or “make trouble”
• making physical threats.
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Yes. Both federal and state law prohibit an employer from retaliating against any person (whether or not an employee) for making a discrimination or harassment complaint, assisting another person in making a complaint, testifying or otherwise participating in a discrimination or harassment investigation. The law prohibits all forms of retaliation, from threats and negative performance reviews to termination or non-renewal of employment. Retaliation is a separate violation, even if the underlying complaint is disproved or found to lack merit.
If you are retaliated against, you may report to an employer or complain to a federal or state agency.
If you are retaliated against, you may report to an employer or complain to a federal or state agency.
MANDATORY ARBITRATION
Mandatory Arbitration
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In some ways, arbitration is similar to litigation in a court. There is an opportunity to get evidence from the other party before a hearing and an opportunity for each side to present their evidence and arguments. Instead of a judge and jury, the rulings are made by a private individual – an arbitrator. An arbitrator can typically award the same types of damages and remedies that a court can.
Arbitration is different than litigation in a few ways:
(i) Arbitration is private and not part of the public record.
(ii) Arbitration may move more quickly than litigation in the court system.
(iii) There is no jury. All rulings are made by the arbitrator. Facts found at arbitration are often final and not subject to review by the courts.
Arbitration is different than litigation in a few ways:
(i) Arbitration is private and not part of the public record.
(ii) Arbitration may move more quickly than litigation in the court system.
(iii) There is no jury. All rulings are made by the arbitrator. Facts found at arbitration are often final and not subject to review by the courts.
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An arbitration agreement is an agreement by which a worker and the employer agree that they will submit any disputes related to the employee’s employment to an arbitrator instead of a court.
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A mandatory arbitration clause is a requirement in any written contract that: (1) when faced with disputes, compels parties to arbitrate (2) makes facts found at arbitration final and not subject to review by the courts. When it comes to workplace claims, this could mean that arbitration is the means to resolve any discrimination claim, including sexual harassment.
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Recent laws in several states, including California and New York, generally ban new contracts from containing mandatory arbitration clauses for sexual harassment and makes such clauses null and void, with certain exceptions.
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The law usually recognizes that provisions prohibiting mandatory obligations do not apply where such provisions are inconsistent with federal law or arbitration is part of a valid collective bargaining agreements.
NON-DISCLOSURE AGREEMENTS
Non-disclosure Agreements
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A nondisclosure agreement in a resolution of any discrimination or harassment claim prevents the person who complained from disclosing the underlying facts and circumstances of the harassment. If a party violates the agreement by sharing information they agreed not to share, they may violate their agreement and could face monetary penalties or a court order stopping them from sharing more.
Nondisclosure agreements are frequently added to separation or severance agreements (an agreement reached at the end of employment whereby a worker accepts additional compensation in exchange for their agreement not to sue the former employer for disputes arising from the worker’s employment).
When included in post-employment agreements, the nondisclosure clause may prevent the worker from disclosing the details of any harassment, discrimination or retaliation they experienced. The employer may be able to stop the worker from speaking about these experiences with anyone except for those specifically identified in their agreement.
Nondisclosure agreements are frequently added to separation or severance agreements (an agreement reached at the end of employment whereby a worker accepts additional compensation in exchange for their agreement not to sue the former employer for disputes arising from the worker’s employment).
When included in post-employment agreements, the nondisclosure clause may prevent the worker from disclosing the details of any harassment, discrimination or retaliation they experienced. The employer may be able to stop the worker from speaking about these experiences with anyone except for those specifically identified in their agreement.
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• Post-employment non-disclosure agreements preventing disclosure of sexual harassment, discrimination, harassment, or retaliation are valid and enforceable under federal and Georgia law.
• In California, post-employment non-disclosure agreements prohibiting disclosure of factual information related to sexual harassment, sex discrimination, retaliation for reporting sexual harassment or discrimination, or failure to prevent sexual harassment or discrimination are invalid and unenforceable. Thus, the worker is free to discuss the facts underlying any of these claims with whomever they like. While the employer cannot request a non-disclosure agreement, the worker can request that certain confidentiality protections be included in the post-employment agreement.
• In New York, post-employment non-disclosure agreements prohibiting disclosure of factual information related to sexual harassment, discrimination, retaliation, or harassment are invalid and unenforceable. However, the worker may request non-disclosure be included as a term of the agreement. Where the agreement does not include non-disclosure language, the worker is free to speak with whomever they like about any sexual harassment, harassment, discrimination, or retaliation they believe they experienced.
• In California, post-employment non-disclosure agreements prohibiting disclosure of factual information related to sexual harassment, sex discrimination, retaliation for reporting sexual harassment or discrimination, or failure to prevent sexual harassment or discrimination are invalid and unenforceable. Thus, the worker is free to discuss the facts underlying any of these claims with whomever they like. While the employer cannot request a non-disclosure agreement, the worker can request that certain confidentiality protections be included in the post-employment agreement.
• In New York, post-employment non-disclosure agreements prohibiting disclosure of factual information related to sexual harassment, discrimination, retaliation, or harassment are invalid and unenforceable. However, the worker may request non-disclosure be included as a term of the agreement. Where the agreement does not include non-disclosure language, the worker is free to speak with whomever they like about any sexual harassment, harassment, discrimination, or retaliation they believe they experienced.
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The law requires that such preferences be memorialized in an agreement signed by all parties.
RESOURCES
Resources
Emotional Support and Survivor’s Services:
Your employer may have a worker Assistance Plan (“EAP”) that can connect you to resources. You can request the contact information for the EAP from Human Resources and do not need to identify the reason you would like the information. If you have health insurance, your insurer may be able to connect you to resources covered by your insurance.
• Echo (Los Angeles)
Echo is a 501(c)(3) that serves trauma survivors through workshops, parenting classes, conferences, and educational materials to provide knowledge, skills, and inspiration for survivors to step into power and control over their own lives and recovery. They also are at the forefront of training organizations and professionals in how to become trauma-informed for survivor empowerment. Echo: 213-484-6676 More information is available on the Echo website.
• Voices in Action
Voices in Action is a survivor-founded and led 501(c)3 nonprofit that offers an equitable, independent platform for documenting and timestamping incidents of sexual misconduct and violence. They offer a variety of trauma-informed support groups and workshops. www.voicesinaction.org
• RAINN (Rape, Abuse & Incest National Network) (National) RAINN created and operates the National Sexual Assault Hotline in partnership with more than 1,000 local sexual assault service providers across the country, available 24/7 by phone (800.656.HOPE) and online (www.rainn.org).
o Resources in your state can also be located here.
• 1 in 6 (National) The mission of 1in6 is to help men who have had unwanted or abusive sexual experiences live healthier, happier lives. 1 in 6 offers a wide range of information and services for men with histories of unwanted or abusive sexual experiences, and anyone who cares about them. 1 in 6 offers a 24/7 online helpline where men and the people who care about them can chat one-on-one with a trained advocate.
• Peace Over Violence (Los Angeles) (www.peaceoverviolence.org) Peace Over Violence operates the LA Rape and Battery Hotline, a confidential non-judgmental resource where staff and volunteers are available to provide emotional support, advocacy, information, and referrals. If you or someone you care about has been a victim of sexual assault, domestic violence or intimate partner stalking, you can call its 24-hour crisis line.
o Central Los Angeles: 213-626-3393
o South Los Angeles: 310-392-8381
o West San Gabriel Valley: 626-793-3385
Helplines:
• WIF Help Line: The WIF Help Line offers resources and support, including referrals to pro bono legal services, low-fee therapy, and free support groups for anyone who has experienced sexual harassment or misconduct while working in the entertainment industry. The Help Line's trauma-informed staff responders take calls from across the country, and referral services currently serve California, New York, and Georgia. www.womeninfilm.org | 1-855-WIF-LINE or 1-855- 943-5463
o Hours: 7:00 a.m. – 8:00 p.m. PT on Monday, Wednesday, Friday; 10:00 a.m. – 5:00 p.m. PT on Tuesday and Thursday
• The Actors Fund: The Actors Fund provides free and confidential help for those who have experienced sexual harassment. Services include short term one-on-one counseling, referrals for helpful resources and assistance in locating legal services. https://actorsfund.org/services-and-programs/entertainment-assistance-program
Resources for Union Members:
Unions and guilds will pursue contractual violations related to discrimination and harassment on behalf of members working under a union or guild contract. If you are a union or member and believe your employer has not met its obligations, your union or guild can help.
• IATSE: IATSE has a Safety Hotline, which is available 24/7: (844) 422-9273 (844-IA-AWARE), www.iatse.net/news/iatse-launches-safety-hotline-program
• Directors Guild of America: If you have been sexually harassed in the workplace, or if you would like to have a discussion about your situation, please call Mayra Ocampo, Assistant Executive Director at (310) 289-2006 or email her at mocampo@dga.org. After business hours, please contact the DGA’s Safety Hotline at (800) 342-3457.
• SAG-AFTRA: For any urgent matters concerning sexual harassment please dial 855-SAG-AFTRA (855 724 2387) and press 1. For any other on-set emergency please dial 844-SAFER-SET (844 723 3773). Please note, these lines serve SAG-AFTRA members or those who have worked under a SAG-AFTRA contract.
• Writer’s Guild of America: If you wish to have a confidential discussion with an experienced Guild representative about your situation, including if you’d like a representative to accompany you to an HR interview or to assist you in filing a complaint with your employer, please call Latifah Salom at (323) 782-4521, or email Latifah Salom, www.wga.org/members/employment-resources/sexual-harassment
Legal Resources and Referrals:
• TIME’S UP Legal Defense Fund: If you’re looking for an attorney, you can contact the TIME’S UP Legal Defense Fund, which is housed at the National Women’s Law Center: www.nwlc.org/times-up-legal-defense-fund
• You may also contact the bar association of your state, such as the California Bar Association (www.calbar.ca.gov), the New York Bar Association (www.nysba.org) or local bar association, which should provide you with referrals and/or access to free legal services.