POLICY ON RESPECTFUL WORKPLACES, ANTI-DISCRIMINATION, AND ANTI-HARASSMENT FOR AGMA’S WORKING ARTISTS

AGMA began collaborating with OPERA America to eradicate discrimination and harassment in opera workplaces before the COVID-19 pandemic.  After various setbacks and delays, AGMA, together with OPERA America, launched Opera RESPECTS, a national anti-harassment and respectful workplace initiative for opera companies and individuals working in the industry.  The program seeks to unify the opera field’s response to misconduct with policy standards, training, and reporting procedures designed to eradicate discrimination and harassment. The goal is to create safe, respectful, and civil workplaces free from harassment and discrimination for opera employees on stage and off. AGMA has relied on the best practices developed by our Opera RESPECTS collaboration in negotiations with all AGMA companies.

In 2023, AGMA’s Board of Governors issued a comprehensive overview and reaffirmation of AGMA’s commitment to understanding and practicing the ideals of Inclusion, Diversity, Equity, and Accessibility (I.D.E.A.) within our union and our workplaces. Since then, AGMA’s diverse and representative negotiating committees have successfully bargained comprehensive contract language addressing inclusion, diversity, equity, and accessibility from the audition and hiring processes, to coaching and casting, to costumes and make-up, to rehire, reengagement, and prohibited retaliation.  Most AGMA collective bargaining agreements now include robust protections for all AGMA artists.

Anti-discrimination and anti-harassment policies, training, reporting, complaint and investigation procedures, and prohibitions on retaliation are priorities in all AGMA collective bargaining negotiations.  Union-represented employees have a legal right to be represented during any investigatory interview that might result in discipline.  Most AGMA collective bargaining agreements now include the right of an individual complaining about or reporting discrimination or harassment also to have a union representative present during the investigation.

AGMA will continue to take proactive approaches to addressing discrimination, harassment, and uncivil behavior wherever AGMA members work.  In the sections below, we define discrimination, harassment (including sexual harassment), and explain bullying and uncivil behavior.  We then describe how AGMA Artists can file complaints or reports with their employers, how AGMA staff can assist in this process, and what outside legal channels and other support might be available to them.

Prohibited discrimination describes any employment action based on a “protected” characteristic under federal law, which includes race or color, national origin, sex, sexual orientation, gender identity, sex stereotyping or gender expression, pregnancy, childbirth, lactation, religion, age (over 40), physical or mental disability, genetic information. The laws of many states and local jurisdictions provide protection for additional categories.

Prohibited harassment refers to conduct that is based on one or more of the characteristics listed above. The prohibition against harassment protects anyone who is employed by an AGMA signatory company, even if the person engaging in the harassment interacts with the company as a non-employee. Some examples of harassment based on the characteristics listed above include: derogatory comments, such as name-calling, epithets, slurs, jokes, displays or circulation of derogatory pictures; cartoons, drawings or social media posts; disrespectful treatment of another person, such as making fun of a person’s appearance (hair, dress, etc.); and bullying a person, e.g., through spreading malicious rumors or through a sustained pattern of offensive name-calling or teasing.

Harassment does not have to be targeted at a particular individual. Conduct that denigrates a group based on a protected characteristic is unlawful. It also may occur via calls, texts, emails, blog posts, or other social media, even if the person is away from the workplace, using their personal device, or acting during non-work hours.

Prohibited sexual harassment includes everything in the sections above when it is based on sex.  Sexual harassment may be overtly sexual, or it may not be sexual at all, and it can take place regardless of the sexual orientation or gender identity of the parties involved. The intent of the person engaging in the conduct is not relevant. For example, the fact that the person thought a comment was “just a joke” does not make the conduct acceptable.

Some examples of prohibited sexual harassment include: repeated requests for dates (after a date has been declined); repeated unwelcome sexual flirtations or advances; intentional and continued refusal to call a transgender or nonbinary person by their correct name or pronoun; leering, whistling or cat-calling; displaying or circulating sexual or pornographic images; intentional and unwelcome brushing up against a person’s body; graphic commentary about a person’s body, sexual activity, deficiencies, or prowess (including one’s own); touching oneself sexually in front of another person without that person’s consent; sexually suggestive touching of a person without that person’s consent; retaliating or threatening retaliation against an individual after a negative response from that individual to sexual advances or other harassing activities; conditioning employment benefits on sexual favors or treating someone more favorably because the individual has provided sexual favors; sexually assaulting a person.

Under federal law, harassing conduct is illegal if submission to it is a condition of employment (either expressly or understood as such), or if rejection of such conduct is used as the basis for a negative employment decision. This is referred to as quid pro quo harassment. It is a form of sexual harassment that can include promises to help someone’s career through influence, even if the person engaging in the conduct does not have direct hiring authority. Harassing conduct is also illegal under federal law if it rises to the level of a hostile work environment. To meet this standard, conduct must either be severe or pervasive, that is, it must happen on a consistent basis.

AGMA and the Opera RESPECTS template policy encourages employers to stop harassing conduct even before it rises to the level of a violation under federal law.

Uncivil behavior and bullying are not prohibited by law, but they should not be tolerated in a respectful workplace. AGMA artists should expect a company culture in which individuals treat others with respect, civility, and courtesy. AGMA and the Opera RESPECTS template policy strongly encourages employers to create respectful workplaces, and AGMA negotiators are working with all AGMA opera, dance and choral concert companies on these efforts.

Of course, treating others respectfully does not mean that AGMA artists should not expect critical feedback regarding their work or conduct. Nor does it mean that firm directions cannot be given during rehearsals and performances. Polite requests can give way to the inevitable pressures of producing live performances. This is different from consistently shouting, belittling, or insulting artists. That kind of conduct crosses the line into bullying, which is toxic and should be unacceptable in any workplace.

Any AGMA members who have been subject to or have witnessed unlawful discrimination, harassment, sexual harassment, bullying, or uncivil behavior in or out of the workplace should alert AGMA so we can work to resolve this issue on your behalf.

First, we can help you address the misconduct. Sometimes a conversation or intervention can solve the problem without involving the employer. If you experience or witness unlawful discrimination or harassment, however, we can assist you in reporting the issue or finding another means to resolve it.  You can report conduct that you have personally experienced from a co-worker or a person in authority (this is called a “complaint”), or you can report conduct that you have observed or been told about (this is called a “report.”) We encourage you to come forward whether the misconduct involves a co-worker or a person in authority at the company.

We understand that it can be challenging to report workplace misconduct when the individual involved holds greater organizational or industry authority. However, reporting behavior that violates the law or your company’s policies is an important service to your colleagues and to all working performers. Your report helps AGMA address issues early and supports a culture of safety, respect, and inclusion across the performing arts industry. If you experience or witness misconduct, here are some steps you can take:

• Intervening as a bystander: If you witness misconduct happening, you may consider bystander intervention. The “5 D’s” of bystander intervention are Direct, Distract, Delegate, Delay, and Document. These are methods to safely intervene when you witness harassment or a harmful situation, allowing you to support someone and make a difference. For more information about bystander intervention, see Bystander Intervention Training.
• Addressing the conduct directly (optional): If—and only if—you feel comfortable, you may choose to speak directly with the person engaging in the unwelcome behavior. In some cases, the individual may not be aware of the impact of their actions. However, you are under no obligation to do so.
• Contacting AGMA: Reach out to your AGMA Delegate or Staff Representative. You can find your assigned Staff Representative here. They can advise you about your contractual rights and protections and, in consultation with AGMA lawyers, inform you of possible legal rights under federal or state law.
• Reporting through your workplace: You are encouraged to report misconduct to your direct supervisor or another supervisor. If your supervisor is the individual involved, you are not expected or required to report to them. In such cases, AGMA staff can provide guidance and support.
• Filing a formal complaint: If you wish to submit a complaint or report regarding discrimination, harassment, or other workplace misconduct, your AGMA Staff Representative will listen carefully, take your report seriously, and take appropriate action. You may bring a friend or colleague with you if that makes you feel more comfortable.

Working with nationally recognized experts, AGMA has developed expertise and resources to help members who need assistance at work, information, counseling, or legal advice. Some of these include:

• Representing members with complaints during employer investigations.
• Ensuring that complaints are investigated properly, and that both the person complaining of misconduct and the individual accused (if that person is a member of the same bargaining unit) are afforded representation and due process in the investigation.
• Referring members to counseling and other support services available through the Entertainment Community Fund.
• Referring members to governmental agencies, when appropriate.

By empowering AGMA members to speak out, as well as by providing representation and access to counseling and support, we will continue to help create and maintain safe and respectful workplaces where our members can rehearse and perform in an environment free of harassment and discrimination. All artists deserve an equal opportunity to bring their best artistic skills to their audiences, and bad behavior cannot be excused by talent, public acclaim, or because “this is the way it’s always been.”

AGMA is committed to fostering a fair, safe, and respectful workplace, supporting members who report concerns, ensuring due process for all represented individuals, and upholding the integrity of the collective bargaining agreement.