EMPLOYEE NON-DISCRIMINATION AND ANTI-HARASSMENT POLICY

Article l. Non-Discrimination Policy 

The Herbert Berghof Studio, Inc. ('HB') strictly prohibits discrimination against any employee or applicant for employment, because of the individual's race, color, ancestry, citizenship status, religion, age, genetic predisposition, carrier status, national origin, sex (including pregnancy. childbirth, and related medical conditions), sexual orientation, marital status, familial status, disability, gender identity, genetic information or characteristics, domestic violence victim status, status as a veteran or disabled person, or any other protected classification under federal, state, or local law. This policy applies to all HB activities, including but not limited to recruitment, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation and training. Individuals providing services in the workplace including contractors, subcontractors, vendors, consultants, key students, fellows, studio assistants, volunteers, or interns ("non-employees") are covered by this policy in their roles as service providers. Students who believe they have been discriminated against or harassed by any HB employee or non-employee should raise complaints pursuant to this policy.

  

Article ll. General Policy Against Harassment

Harassment in the workplace, including the classroom, based on any of the above-listed characteristics is prohibited. Further, any retaliation against an individual who has complained about harassment or retaliation against individuals for cooperating with an investigation of a harassment complaint is similarly unlawful and will not be tolerated.

Unlawful harassment is conduct that subjects an individual to inferior terms, conditions, or privileges of employment. Harassment need not be severe or pervasive to be unlawful, and can be any harassing conduct that consists of more than petty slights or trivial inconveniences.

Harassing conduct includes, but is not limited to: epithets, slurs, negative stereotyping, threatening, intimidating, or hostile speech or acts, including acts purported to be "jokes" or "pranks"; and written or graphic material that denigrates or shows hostility or aversion to an individual or group because of their membership in one of the above-referenced groups. Even if behavior of this nature does not rise to the level of unlawful conduct, it is nonetheless impermissible under this policy.

HB notes that its commitment to address discrimination and harassment exists in the context of a studio that is an artistic workshop for actors, playwrights and directors at every level of achievement. The performing arts, including theater, often address sensitive themes involving gender, racial and other dynamics, and can include charged language that reflects such themes or dynamics. This Policy must accordingly be read in conjunction with the HB Studio Code of Conduct and Statement of Values. [link]

 

Article lll. Reporting Violations of Policy

Ifyou believe that you have been subjected to any conduct of the type described in these policies, you are urged and expected to report the relevant facts promptly to the Executive Director, Edith Meeks, to the Deputy Director, Programs, Catrin Lloyd-Bollard, or the Registration Manager, Gerard Nazarian via email, letter, or by filing out the Complaint Form below or here [link]. Names and contact information of individuals who can receive reports are provided at the end of this Policy. You should report the conduct regardless of who the offender is, including if the offender is a non-employee as defined above. If the offender is a student, you should report pursuant to [Student Non-Discrimination Policy]. If you have a complaint about the Executive Director or do not think it is appropriate to report to any of the three individuals above, you may report to the Board Secretary and Board Audit Committee Chair, Jessica Douieb, at boardsecretary@hbstudio.org.

Reports of harassment may be made orally or in writing. A form for submission of a written complaint isattached to this policy and all individuals are encouraged to use this complaint form. Individuals who are reporting harassment on behalf of other individuals should use the complaint form and note that it is on another individual's behalf.

All complaints or information about suspected harassment will be investigated, whether that information was reported in oral or written form. HB Studio will conduct a prompt and thorough investigation that ensures appropriate process for all parties, whenever management receives a complaint about harassment, or otherwise learns of possible harassment occurring. HB Studio will keep the investigation confidential to the extent possible. Effective corrective action will be taken whenever harassment is found to have occurred, up to and including termination of employment or contract. All employees, including managers and supervisors, are required to cooperate with any internal investigation of harassment.

Appropriate disciplinary action will be taken against Studio personnel or non-employees found to have violated these policies. Sanctions may include, but are not limited to, the following:

Employees:

• Warning - Verbal or Written
• Required counseling, training or education
• Denial of pay increase/pay grade
• Loss of oversight or supervisory responsibility, or loss of privileges such as artistic advisory or creative project opportunities
• Suspension with or without pay
• Termination
• Barring access to HB Studio premises and events for a period of time, or indefinitely
• Other actions: In addition to or in place of the above sanctions, HB may assign any other sanctions as deemed appropriate 

Non-employees:

• Termination of agreement
• Barring access to HB Studio premises and events for a period of time, or indefinitely
• Other actions: In addition to or in place of the above sanctions, HB may assign any other sanctions as deemed appropriate

Individuals who violate these policies may also be subject to legal and financial liability.

 Article lV. Retaliation

It is against Studio policy to take retaliatory action against an individual for reporting inappropriate conduct pursuant to these policies. Retaliation means adverse conduct taken because an individual reported an actual or perceived violation of this policy, opposed practices prohibited by this policy, or participated in the reporting and investigation process. "Adverse conduct" includes but is not limited to:

• Shunning or avoiding an individual who reports harassment, discrimination, or retaliation; or
• Express or implied threats or intimidation against an individual or others intended to prevent an individual from reporting harassment, discrimination, or retaliation; or
• Denying employment or other benefits because an applicant, employee or non-employee reported harassment, discrimination or retaliation or participated in the reporting and investigation process. In the event an individual believes that they have been retaliated against for having made such a report, they should follow the above procedures to report retaliatory action. 

If an investigation finds that a complainant knowingly and falsely accused another person of harassment, discrimination, or retaliation, the complainant will be subject to appropriate sanctions, up to and including termination of employment or agreement.

 

Article V. Sexual Harassment Policy 

While all forms of harassment are prohibited, New York State and City laws require employers to pay special attention to sexual harassment. Sexual harassment is against the law. Individuals can enforce this right by filing a complaint internally with HB, or with a government agency or in court under federal, state or local antidiscrimination laws. Any individual covered by this policy who engages in sexual harassment or retaliation will be subject to remedial and/or disciplinary action, up to and including termination.

Sexual harassment is a specific type of discriminatory harassment. It is unlawful and will not be tolerated. According to the EEOC's guidelines, unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitutes sexual harassment when:

• Submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment, wage, evaluation, further training, or advancement. This conduct is frequently called "quid pro quo" harassment, or
• Such conduct has the purpose or effect of unreasonably interfering with an individual's work or creating an intimidating, hostile, or offensive work environment. This conduct is frequently called "hostile environment harassment."

HB Studio prohibits conduct that constitutes or contributes to sexual harassment. While it is not possible to list all those additional circumstances that may constitute sexual harassment, the following are some examples of conduct that, if unwelcome, may constitute sexual harassment depending on the totality of the circumstances, including the severity of the conduct and its pervasiveness:

• Repeated unwelcome sexual flirtations, advances or propositions.
• Inappropriate touching of, or verbal abuse about, an individual's body.
• Graphic verbal comments of a sexual nature about an individual's body or appearance.
• Sexually degrading words used to describe an individual.
• The display in the workplace of sexually suggestive objects or pictures, including accessing, downloading or displaying such images from the Internet.
• Inquiries into one's sexual experiences.
• Discussion of one's sexual experiences.

Even if behavior of this nature does not rise to the level of unlawful conduct, it is nonetheless impermissible under this policy. Sexual harassment can occur between any individuals, regardless of their sex or gender. HB cannot prevent or remedy sexual harassment unless it knows about it. Any individual who has been subjected to behavior that may constitute sexual harassment is encouraged to report such behavior. Anyone who witnesses or becomes aware of potential instance of sexual harassment should report such behavior. Managers are required to report any such behavior they become aware of.

Article Vl. Legal Protections and External Remedies

Discrimination and harassment (including sexual harassment) is not only prohibited by the Studio but is also prohibited by state and federal law.

Aside from the internal process at HB, employees and in some cases non-employees, may also choose to pursue legal remedies with the following governmental entities. While a private attorneyis not required to file a complaint with a governmental agency, you may seek the legal advice of an attorney.

Local Protections:

Many localities, including New York City. enforce laws protecting individuals from sexual or other harassment and discrimination. An individual should 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 the Commission's main office at Law Enforcement Bureau of the NYC Commission on Human Rights, 40 Rector Street, 10th Floor, New York, New York; call 311 or (212)306-7450; or visit www.nyc.gov/html/cchr/html/home/home.shtml.

If the harassment involves unwanted physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. Anyone who has experienced such conduct, including employees, non-employees, students, visitors, or others, should contact the local police department.

New York State Human Rights Law:

The Human Rights Law, codified as N.Y. Executive Law, art. 15, § 290 et seq., applies to all employers in New York State with regard to sexual harassment, and protects employees, paid or unpaid interns, independent contractors, students and non-employees, regardless of immigration status. A complaint alleging violation of the Human Rights Law may be filed either with the New York State Division of Human Rights (DHR) or in New York State Supreme Court.

Complaints with DHR may be filed any time within three years of the harassment. If an individual did not file at DHR, they can sue directly in state court under the Human Rights Law, within three years of the alleged sexual harassment. An individual may not file with DHR if they have already fileda New York State Human Rights Law complaint in state court.

Complaining internally to HB Studio does not extend your time to file with DHR or in court. The three years is counted from the date of the most recent incident of harassment.

You do not need an attorney to file a complaint with DHR, and there is no cost to file with DHR.

DHR will investigate your complaint and determine whether there is probable cause to believe that sexual harassment has occurred. Probable cause cases are forwarded to a public hearing before an administrative law judge. If sexual harassment is found after a hearing, DHR has the power to award relief, which varies but may include requiring your employer to take action to stop the harassment, or redress the damage caused, including paying of monetary damages, attorney's fees and civil fines.

DHR's main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458. You may call (718) 741-8400 or visit: www.dhr.ny.gov.

Contact DHR at (888) 392-3644 or visit dhr.ny.gov/complaint for more information about filing a complaint. The website has a complaint form that can be downloaded, filled out, notarized and mailed to DHR. The website also contains contact information for DHR's regional offices across New York State.

Civil Rights Act of 1964

The United States Equal Employment Opportunity Commission (EEOC) enforces federal antidiscrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq An individual can file a complaint regarding employment with the EEOC anytime within 300 days from the harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint, and determine whether there is reasonable cause to believe that employment discrimination has occurred, at which point the EEOC will issue a Right to Sue letter permitting the individual to file a complaint in federal court.

The EEOC does not hold hearings or award relief, but may take other action including pursuing cases in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination is found to have occurred. In general, private employers must have at least 15 employees to come within the jurisdiction of the EEOC.

An employee alleging discrimination at work can file a "Charge of Discrimination. 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 emailat info@eeoc.gov.

If an individual filed an administrative complaint with DHR, DHR will file the complaint with the EEOC to preserve the right to proceed in federal court.

 

Article VII. Contact information For Reports

Edith Meeks, Executive & Artistic Director 

emeeks@hbstudio.org, 212-675-2370 x22

Catrin Lloyd-Bollard, Deputy Director, Programs

clloydbollard@hbstudio.org, 412-342-8370

Gerard Nazarian, Registration Manager 

gnazarian@hbstudio.org

Jessica Douieb, Board Secretary and Audit Committee Chair, Member, DEAI Task Force,

boardsecretary@hbstudio.org