Sexual Harassment Resource Guide

SEXUAL HARASSMENT:
Information about Claims and Counseling

SECTIONS: 

  1. What is sexual harassment as defined under the law?
  2. What are the relevant sexual harassment statutes?
  3. What role does the employer have in addressing sexual harassment?
  4. What resource does the Guild provide in addressing sexual harassment allegations?
  5. What other resources are available to Guild members to address sexual harassment?
  6. Understanding Harassment and Discrimination

INFORMATION:


1) What is sexual harassment as defined under the law?

Sexual harassment is defined as unsolicited or abusive conduct of a sexual nature that is unwelcome, unwanted, offensive, intimidating, or hostile.  There are two types of sexual harassment claims: “Quid Pro Quo” and “Hostile Work Environment.”

“Quid Pro Quo” sexual harassment occurs when someone demands sexual favors in exchange for favorable employment conditions or opportunities, or threatens to negatively impact a member’s job status.

“Hostile Work Environment” sexual harassment is characterized by conduct that has a purpose or effect of unreasonably interfering with an individual’s work performance, or creating an intimidating, hostile or offensive work environment.

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2) What are the relevant sexual harassment statutes?

Title VII of the Civil Rights Act of 1964 prohibits sexual harassment in the workplace at the federal level.  The statute of limitations is 180 days which can be extended to 300 days if there are state or local laws that prohibit employment discrimination on the same basis.  Sexual harassment complaints may be filed with the EEOC in person, over the phone or through the mail.

Most states and some municipal governments also have anti-discrimination statues that prohibit sexual harassment.  For example, New York Human Rights Law § 296 prohibits sexual harassment in the workplace in New York.  The statute of limitations is one (1) year and complaints may be filed on-line with the New York State Division of Human Rights.

The Fair Employment and Housing Act prohibits sexual harassment in the workplace in California.  The statute of limitations is one (1) year and complaints may be filed on-line at California Department of Fair Employment and Housing.

NYC Human Rights Law, Title 8 prohibits sexual harassment in the workplace in New York City.  The statute of limitations is one (1) year and complaints may be filed on-line with the New York City Commission on Human Rights.

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3) What role does the employer have in addressing sexual harassment?

It is the employer’s legal responsibility to ensure that you can do your work free from sexual harassment.  Most employers have established sexual harassment policies that create procedures for filing and investigating sexual harassment complaints.  The Guild continually collects the sexual harassment policies of all Guild signatory companies.

For more information on these policies, please reach out to the relevant Guild representative listed below.

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4) What resource does the Guild provide in addressing sexual harassment allegations?

The Guild is committed to ensuring that members work in an environment free from sexual harassment.  To that end, the Guild provides free advocacy from professional labor relation specialists.

Please reach out to the relevant Guild representative below:

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5) What other resources are available to Guild members to address sexual harassment? 

The Actors Fund provides free confidential counseling available to all Guild members.  The counselors have an awareness of the unique circumstances whereby sexual harassment may occur in the entertainment industry and an understanding of the legal options available to address sexual harassment.

For more information, please click on the below:

http://www.actorsfund.org/services-and-programs/entertainment-assistance-program

The Actors Fund also hosts a Sexual Harassment Drop-In Support Group that provides a safe and confidential space to seek support.

For more information, please click on the below:

http://www.actorsfund.org/workshops/sexual-harassment-drop-support-group-ny

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6) Understanding Harassment and Discrimination

Please click on the image to view the presentation.

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Last Updated: January 9, 2018