Sexual Harassment Policy
East Lynne Theater Company’s Sexual Harassment Policy
Approved by the Board of Trustees on March 14, 2018
PURPOSE
It is the policy of The East Lynne Theater Company to provide and maintain a work place environment free from discrimination based on sex, race, color, religion, national origin, marital status, age, disability, sexual orientation, and any other class protected by law. Harassment based on these characteristics is a form of unlawful discrimination when submission to or rejection of this conduct affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.
POLICY
The East Lynne Theater Company considers discriminatory harassment to be a form of employee misconduct and considers this type of misconduct to be a serious offense which will not be tolerated. Allegations of discriminatory harassment will be investigated thoroughly and if substantiated, will be met with appropriate corrective and/or disciplinary action commensurate with the seriousness of the offense(s), and in accordance with state and federal law.
This policy applies to all employees of the theater, which includes staff and actors hired on a per-show basis; volunteers, and the Board of Trustees, and prohibits harassment, discrimination, and retaliation whether engaged in by fellow employees, by a supervisor or manager, or by someone not directly connected to the theater (e.g., a patron).
DEFINITIONS
Harassment based on sex is defined as unwelcome sexual advances and other offensive verbal or physical conduct of a sexual nature. Other unlawful harassment is defined as verbal or physical conduct that is offensive to or shows hostility or aversion toward an individual because of race, color, religion, national origin, marital status, age, sexual orientation, disability or any other protected status.
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
Sexual harassment is gender neutral and may involve members of the same or different gender.
Other unlawful harassment:
Harassment on the basis of any other protected characteristic is also prohibited. Under this policy, prohibited harassment is verbal or physical conduct that is offensive to or shows hostility or aversion toward an individual because of his/her race, color, religion, national origin, age, disability or marital status.
COMPLAINT PROCEDURES
A Trustee of the Board is selected by the Board to be the Advisor for Sexual Harassment Complaints. The name of the Advisor is made known to all who are employed by the theater, including and especially newly hired actors for a production.
Employees who believe they have been subjected to unlawful harassment have the right to file a written or verbal complaint with the Advisor. The Advisor will immediately forward the written complaint or a summary memo of a verbal complaint to the President of the Board of Trustees, unless the President is the alleged harasser, at which time the complaint will be forwarded to the Artistic or Managing Director. A prompt investigation of the allegations will be conducted and the findings will be documented. To the extent possible, this investigation will be conducted in a confidential manner that protects the identity of all parties. The complaining employee will be informed in writing of the outcome of the investigation.
INVESTIGATIONS
If, after investigation, an accused harasser is found to have violated the policy, appropriate disciplinary action will be taken against the offender. Discipline will be based on the facts and circumstances of each case.
If the theater determines that an employee made an intentionally dishonest or malicious complaint, disciplinary action will be taken against the complainant. Any employee who knowingly assisted the complainant will also be disciplined.
The theater prohibits any form of retaliation against an employee who files a legitimate unlawful harassment complaint or assists in the investigation of a complaint. Retaliation is against the law and is considered to be a form of misconduct and will not be tolerated. Employees who retaliate against other employees who complain about harassment and/or participate in an investigation of harassment will be subject to disciplinary action.
The Advisor for Sexual Harassment Complaints is responsible for the administration of this policy. In the event there is a complaint against the Advisor or a conflict of interest, a complaint shall be filed with the President of the Board of Trustees. The President may conduct an investigation or designate an individual to investigate and issue a report.
This policy does not preclude the filing of discriminatory harassment complaints with either the State of New Jersey Division of Civil Rights or the Federal Equal Employment Opportunity Commission, or the pursuing of any other remedies as permitted by law.
RESPONSIBILITIES OF THE STAFF AND THE BOARD OF TRUSTEES
The Staff and the Board of Trustees at East Lynne Theater Company shall be responsible for enforcing this policy and shall have particular responsibility for ensuring that the work environment under their supervision is free from discriminatory harassment and its effects.
Copies of this policy will be distributed to new employees as they are hired.
Approved by the Board of Trustees on March 14, 2018
PURPOSE
It is the policy of The East Lynne Theater Company to provide and maintain a work place environment free from discrimination based on sex, race, color, religion, national origin, marital status, age, disability, sexual orientation, and any other class protected by law. Harassment based on these characteristics is a form of unlawful discrimination when submission to or rejection of this conduct affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.
POLICY
The East Lynne Theater Company considers discriminatory harassment to be a form of employee misconduct and considers this type of misconduct to be a serious offense which will not be tolerated. Allegations of discriminatory harassment will be investigated thoroughly and if substantiated, will be met with appropriate corrective and/or disciplinary action commensurate with the seriousness of the offense(s), and in accordance with state and federal law.
This policy applies to all employees of the theater, which includes staff and actors hired on a per-show basis; volunteers, and the Board of Trustees, and prohibits harassment, discrimination, and retaliation whether engaged in by fellow employees, by a supervisor or manager, or by someone not directly connected to the theater (e.g., a patron).
DEFINITIONS
Harassment based on sex is defined as unwelcome sexual advances and other offensive verbal or physical conduct of a sexual nature. Other unlawful harassment is defined as verbal or physical conduct that is offensive to or shows hostility or aversion toward an individual because of race, color, religion, national origin, marital status, age, sexual orientation, disability or any other protected status.
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
- Submission to such conduct is made explicitly or implicitly a term or condition of an individual’s employment (e.g. promotion, training, assignments, etc.)
- Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual
- Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
- Spoken or written words related to an employee’s sex
- Any sexual advance that is unwelcome
- Sexually oriented comments
- Showing or displaying pornographic or sexually explicit objects or pictures in the workplace, including through computers, cell phones and other electronic media
- Offensive touching, patting or pinching
- Abusing the dignity of an employee through insulting or degrading sexual remarks or conduct
Sexual harassment is gender neutral and may involve members of the same or different gender.
Other unlawful harassment:
Harassment on the basis of any other protected characteristic is also prohibited. Under this policy, prohibited harassment is verbal or physical conduct that is offensive to or shows hostility or aversion toward an individual because of his/her race, color, religion, national origin, age, disability or marital status.
COMPLAINT PROCEDURES
A Trustee of the Board is selected by the Board to be the Advisor for Sexual Harassment Complaints. The name of the Advisor is made known to all who are employed by the theater, including and especially newly hired actors for a production.
Employees who believe they have been subjected to unlawful harassment have the right to file a written or verbal complaint with the Advisor. The Advisor will immediately forward the written complaint or a summary memo of a verbal complaint to the President of the Board of Trustees, unless the President is the alleged harasser, at which time the complaint will be forwarded to the Artistic or Managing Director. A prompt investigation of the allegations will be conducted and the findings will be documented. To the extent possible, this investigation will be conducted in a confidential manner that protects the identity of all parties. The complaining employee will be informed in writing of the outcome of the investigation.
INVESTIGATIONS
If, after investigation, an accused harasser is found to have violated the policy, appropriate disciplinary action will be taken against the offender. Discipline will be based on the facts and circumstances of each case.
If the theater determines that an employee made an intentionally dishonest or malicious complaint, disciplinary action will be taken against the complainant. Any employee who knowingly assisted the complainant will also be disciplined.
The theater prohibits any form of retaliation against an employee who files a legitimate unlawful harassment complaint or assists in the investigation of a complaint. Retaliation is against the law and is considered to be a form of misconduct and will not be tolerated. Employees who retaliate against other employees who complain about harassment and/or participate in an investigation of harassment will be subject to disciplinary action.
The Advisor for Sexual Harassment Complaints is responsible for the administration of this policy. In the event there is a complaint against the Advisor or a conflict of interest, a complaint shall be filed with the President of the Board of Trustees. The President may conduct an investigation or designate an individual to investigate and issue a report.
This policy does not preclude the filing of discriminatory harassment complaints with either the State of New Jersey Division of Civil Rights or the Federal Equal Employment Opportunity Commission, or the pursuing of any other remedies as permitted by law.
RESPONSIBILITIES OF THE STAFF AND THE BOARD OF TRUSTEES
The Staff and the Board of Trustees at East Lynne Theater Company shall be responsible for enforcing this policy and shall have particular responsibility for ensuring that the work environment under their supervision is free from discriminatory harassment and its effects.
Copies of this policy will be distributed to new employees as they are hired.
