IATSE Local 122 strives to maintain a safe environment for all its referents, that is free from discrimination and harassment at work including sexual harassment. Sexual harassment of referents interferes with the proper operation of the referral hall, undermines the Local’s ability to refer qualified persons for employment, and adversely affects the Local’s obligation to represent all referents fairly without regard to their sex, gender, or sexual or gender preference.

Local 122 operates a zero-tolerance policy for any form of sexual harassment in the workplace. We will treat all incidents seriously and promptly investigate all allegations of sexual harassment. Any person found to have sexually harassed another will face disciplinary action, up to and including dismissal from The Referral Hall. All complaints of sexual harassment will be taken seriously and treated with respect and handled as confidentially as possible. No one will be victimized for making such a complaint.

 

Definition of Sexual Harassment

Sexual harassment is unwelcome conduct of a sexual nature which makes a person feel offended,

humiliated and/or intimidated. It includes situations where a person is asked to engage in sexual

activity as a condition of that person’s employment, as well as situations which create an environment

which is hostile, intimidating or humiliating for the recipient.

Sexual harassment can involve one or more incidents and actions constituting harassment may be non-verbal, verbal or physical. Examples of conduct or behavior which constitute sexual harassment include, but are not limited to:

 

Non-verbal conduct

• Display of sexually explicit or suggestive material
• Sexually-suggestive gestures
• Whistling
• Leering

 

Verbal conduct

• Comments on a worker’s appearance, age, private life, etc.
• Sexual comments, stories and jokes
• Sexual advances
• Repeated and unwanted social invitations for dates or physical intimacy
• Insults based on the sex of the worker
• Condescending or paternalistic remarks
• Sending sexually explicit messages (by phone or by email)

 

Physical conduct

• Unwelcome physical contact including patting, pinching, stroking, kissing, hugging,

fondling, or inappropriate touching

• Physical violence, including sexual assault
• Physical contact, e.g. touching, pinching
• The use of job-related threats or rewards to solicit sexual favors

Anyone can be a victim of sexual harassment, regardless of their sex and of the sex of the harasser. Local 122 recognizes that sexual harassment may also occur between people of the same sex. What matters is that the sexual conduct is unwanted and unwelcome by the person against whom the conduct is directed. Anyone, including referents of Local 122 clients, customers, casual workers, contractors or visitors who sexually harasses another will be reprimanded in accordance with this policy.

 

Complaint Procedure

Anyone who is subject to sexual harassment should, if possible, inform the alleged harasser that the

conduct is unwanted and unwelcome. Local 122 recognizes that sexual harassment may occur in unequal relationships (i.e. between a Head of Department and Crew member) and that it may not be possible for the victim to inform the alleged harasser. If a victim cannot directly approach an alleged harasser, he/she can approach the on-site Steward, Business Representative, Call Steward or file a complaint with the Compliance Committee in accordance with the Referral Hall Rules, Procedures and Requirements.

 

Types of Reporting

Verbal or informal reports – A verbal report may be made to the on-site steward, Head of Department or Business Representative informing them of the incident. Verbal reports are unofficial and will not be noted in any employee files. Verbal reports may result in a conversation with the involved parties, or they may result in no action being taken.

 

Written or formal reports – A written report is necessary to require action on the part of the Local. Documentation must be presented indicating the names of the offending parties and a description of the incident that occurred. Written reports must be thorough and contain all necessary information for the investigation. Investigations will be limited to the information on the written report only; no previously made verbal reports will be considered in conjunction with the investigation unless they are noted on the written report.

Local 122 will conduct a prompt investigation on all written reports, as possible under the circumstances. All investigations and resulting actions will be documented in writing and a copy placed in all involved referents files. Those who raise concerns and make reports in good faith can do so without fear of reprisal; at the same time referents have an obligation to cooperate with the Union in enforcing this policy and investigating and remedying complaints. The nature of the sanctions will depend on the gravity and extent of the harassment.  Anyone who has been found to have sexually harassed another person under the terms of this policy is liable to any of the following sanctions in accordance with the Referral Hall, Procedures and Requirements which may include but not limited to removal from the job site, suspension or removal from the Referral Hall.

Any Employee who files a complaint of sexual harassment or other discrimination in good faith will not be adversely affected in terms and conditions of employment and will not be retaliated against or discharged because of the complaint. In addition, Local 122 will not tolerate retaliation against any employee who in good faith, cooperates in the investigation of a complaint. Anyone who engages in such retaliatory behavior will be subject to appropriate discipline in accordance with the referral hall rules, procedures and requirements.

Nothing in this policy restricts anyone from pursuing their own rights protected under federal, state or city law.