Carnegie Hall

Carnegie Hall’s independent contractors (“Consultants”) should demonstrate proper regard for the standards of the community, for the law, and for the rights of others. Carnegie Hall reserves the right to terminate any contractual relationship, consistent with the contractual requirements, for violations of these Standards of Conduct.

Consultants wishing to report a violation of these Standards of Conduct, or any conduct considered unethical, illegal, or otherwise inconsistent with Carnegie Hall’s standards of excellence and integrity, may do so to the Carnegie Hall General Counsel. Carnegie Hall has also established a Carnegie Hall Ethics Hotline for reporting. The Hotline is provided through EthicsPoint, an independent third party, and may be accessed at 1-888-577-9484 or at www.ethicspoint.com. All reports filed are treated as confidential, anonymity will be honored when requested, and anyone who files a report in good faith will not be subject to harassment or retaliation. Consultants who wish to report harassment or discrimination, however, must use the harassment complaint procedure set forth below in “Harassment Complaint Procedure; No Retaliation.”

In addition to these Standards of Conduct, the Carnegie Hall Code of Ethics, available on the Carnegie Hall website, establishes standards and principles for ethical conduct, and procedures for reporting possible violations and questions related to the interpretation of the Code of Ethics; and the Carnegie Hall Whistleblower Policy, also available on the Carnegie Hall website, establishes policies and procedures for reporting illegal, unethical, fraudulent or dishonest conduct, or improper conduct with regard to accounting, internal controls, auditing matters or a possible violation of a law, rule, or regulation, or substantial and specific danger to the public health or safety, without fear of retaliation. Consultants are responsible for familiarizing themselves and complying with these important policies and procedures.

Nothing in these Standards of Conduct alters the independent contractor relationship between Carnegie Hall and its consultants.

Respect For Others—Anti-Harassment

Carnegie Hall is committed to an environment in which all individuals are treated with respect and dignity. Each individual has the right to perform services in a professional atmosphere that promotes equal opportunity and prohibits discriminatory practices, including sexual harassment. Carnegie Hall strives to be an intellectual and artistic community in which all members can participate fully and equally, in an environment free from all manifestations of bias and from all forms of harassment, exploitation, and intimidation. As an intellectual and artistic community, Carnegie Hall attaches great value to freedom of expression, but also places great importance on mutual respect, and deplores expressions of hatred directed against any individual or group.

Consistent with this policy, Carnegie Hall will not tolerate discrimination or harassing conduct, either in the workplace or in any other work-related setting, against any individual on the basis of race, color, national origin, citizenship, religion, sex (including pregnancy, childbirth, and related medical conditions), gender identity, gender expression or status of being transgender, sexual orientation (including perceived sexual orientation), marital/partnership status, familial status, status as a caregiver, status as a victim of domestic violence or sex offenses or stalking, genetic information, criminal convictions (except where otherwise permitted by law), prior arrest record, credit history, age, mental or physical disability, veteran or military status, reproductive health decisions, immigration or citizenship status (except where otherwise permitted by law), height or weight (except where otherwise permitted by law), or any other characteristic protected by law (“Protected Characteristic”).

The New York Human Rights Law prohibits sexual harassment of “non-employees” who provide services in the workplace. For this purpose, non-employees include contractors, subcontractors, vendors, consultants and other persons providing services pursuant to a contract in the workplace or who are an employee of such contractors, subcontractors, vendors, consultants or other persons providing services pursuant to a contract in the workplace.

Sexual Harassment

Sexual harassment is a form of gender-based discrimination, is unlawful under applicable federal, state, and local law, and is prohibited by Carnegie Hall policy. Sexual harassment is also a form of misconduct. Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity and the status of being transgender. Sexual harassment is not limited to sexual contact, touching, or expressions of a sexually suggestive nature. Sexual harassment includes all forms of gender discrimination including gender role stereotyping and treating individuals differently because of their gender. Carnegie Hall will take prompt and appropriate action to prevent and, where necessary, address behavior that violates this policy.

Understanding gender diversity is essential to recognizing sexual harassment because discrimination based on sex stereotypes, gender expression and perceived identity are all forms of sexual harassment. The gender spectrum is nuanced, but the three most common ways people identify are cisgender, transgender, and non-binary. A cisgender person is someone whose gender aligns with the sex they were assigned at birth. Generally, this gender will align with the binary of male or female. A transgender person is someone whose gender is different than the sex they were assigned at birth. A non-binary person does not identify exclusively as a man or a woman. They might identify as both, somewhere in between, or completely outside the gender binary. Some may identify as transgender, but not all do. Respecting an individual’s gender identity is a necessary first step in establishing a safe environment to perform services.

Sexual harassment is unlawful when it subjects an individual to inferior terms, conditions, or privileges of engagement. Harassment does not need to be severe or pervasive to be illegal. It can be any harassing behavior that rises above petty slights or trivial inconveniences. Every instance of harassment is unique to those experiencing it, and there is no single boundary between petty slights and harassing behavior. However, the New York Human Rights Law specifies that whether harassing conduct is considered petty or trivial is to be viewed from the standpoint of a reasonable victim of discrimination with the same protected characteristics. Generally, any behavior in which a covered individual is treated worse because of their gender (perceived or actual), sexual orientation, or gender expression is considered a violation of Carnegie Hall’s policy. The intent of the behavior, for example, making a joke, does not neutralize a harassment claim. Not intending to harass is not a defense. The impact of the behavior on a person is what counts. Sexual harassment includes unwelcome conduct which is either of a sexual nature, or that is directed at an individual because of that individual’s gender identity or expression (perceived or actual) when:

• Submission to such conduct is made implicitly or explicitly a term or condition of engagement;
• Submission to or rejection of such conduct by an individual is used as a basis for evaluation in making decisions affecting an individual; or
• Such conduct has the effect of unreasonably interfering with an individual’s work, performance of services or living conditions by creating an intimidating, hostile, or offensive environment.

Note that the impacted individual does not need to be the intended target of the sexual harassment.

Forms of sexual harassment include, but are not limited to, the following:

• Verbal harassment, such as unwelcome comments, jokes, flirtation, advances, or slurs of a sexual nature. This is not limited to interactions in person. Remarks made over virtual platforms and in messaging apps when consultants are performing services remotely can create a similarly hostile environment.
• Physical harassment, such as unnecessary, unwelcome, or offensive touching, or impeding or blocking movement.
• Visual harassment, such as derogatory or offensive posters, cards, cartoons, graffiti, drawings, or gestures. This also extends to virtual or remote workspaces and can include having such materials visible in the background of one’s home during a virtual meeting.
• Sex stereotyping, which occurs when conduct or personality traits are considered inappropriate simply because they may not conform to others’ ideas or perceptions about how individuals of a particular sex should act or look, such as remarks regarding an individual’s gender expression or asking an individual to take on traditionally gendered roles.
• Hostile actions taken against an individual because of that individual’s sex, sexual orientation, gender identity, or gender expression, such as interfering with or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform the job; sabotaging the individual’s performance of services, bullying, yelling or name-calling; intentional misuse of an individual’s preferred pronouns; or creating different expectations for individuals based on their perceived identities, such as dress codes that place more emphasis on women’s attire, or leaving parents/caregivers out of meetings.

The above list is only illustrative of types of conduct that would violate these Standards of Conduct and, as such, by no means represents an exclusive list of conduct or types of conduct that would violate this policy. Such conduct may occur between any individuals, regardless of their sex or gender or their status as employee or consultant. Unlawful sexual harassment is not limited to the conduct that occurs at Carnegie Hall. Sexual harassment can occur when consultants are performing services remotely from home, and on virtual meeting platforms, in messaging apps, and between personal cell phones. Individuals who engage in acts of sexual harassment may be subject to civil and criminal penalties in addition to discipline, up to and including termination of services.

Consultants who work more than 80 hours in a calendar year and for at least 90 days (consecutively or non-consecutively) are required to complete an annual sexual harassment prevention training. Qualifying consultants do not need to complete the annual sexual harassment prevention training at each place that they work over the course of a year, and may provide proof of completion of a sexual harassment prevention training for the applicable year to Carnegie Hall upon commencement of services, or as otherwise set forth in your contract.

Other Forms of Harassment

Harassment on the basis of any other Protected Characteristic is also strictly prohibited. Under this policy, harassment is defined as verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of a Protected Characteristic which has the purpose or effect of creating an intimidating, hostile, or offensive work environment, has the purpose or effect of unreasonably interfering with an individual’s performance of services, or otherwise adversely effects an individual’s engagement.

Harassing conduct includes, but is not limited to: epithets, slurs, or negative stereotyping; threatening, intimidating, or hostile acts; and written or graphic material that denigrates or shows hostility or aversion toward an individual or group and that is placed on walls or elsewhere on the premises, or that is visible in a consultant’s or employee’s virtual or remote workspace.

Harassment or Discrimination on Computer Messaging and Information Systems

Inappropriate use of e-mail, voicemail, or other electronic messaging systems, or the internet, may constitute discriminatory or harassing conduct. Consultants may not generate, should not receive, and must not forward, any message or graphic that may be offensive based on any Protected Characteristic. This includes, for example, sending or forwarding offensive “humor” that contains terms that are offensive based on any Protected Characteristic.

Consultants receiving offensive messages or graphics over Carnegie Hall’s computer equipment should report those messages to Carnegie Hall’s General Counsel.

Consultants are reminded that Carnegie Hall’s computers, and the data generated on, stored in, or transmitted to or from Carnegie Hall’s computers, remain the property of Carnegie Hall for all purposes. No consultant is authorized to use any Carnegie Hall computer, computer system, network, or software for the preparation, transmission, or receipt of messages or graphics that are offensive based on any Protected Characteristic.

Consultants are reminded that Carnegie Hall retains the right to monitor its computers, computer systems, and networks to ensure compliance with this requirement.

Discrimination and Harassment Complaint Procedure; No Retaliation

Discrimination and harassment will not be tolerated. Any consultant who believes that they have been the subject of discrimination or sexual or other harassment, or who has witnessed or learned about the discrimination or harassment of another, is encouraged to immediately report such actions or circumstances to the Carnegie Hall General Counsel. You can access the Complaint Form online here. If there is any reason to believe the General Counsel is involved in the conduct, or if you feel uncomfortable about making a report to the General Counsel, the report should be made immediately to the Executive and Artistic Director. Reports may be made orally or in writing. If you feel comfortable doing so, in addition to reporting it to Carnegie Hall, you may also tell the offender that the behavior is offensive to you. Please note that complaints to an individual where you have reason to believe that such individual is involved in the conduct that is the subject of the complaint may not be effective because that individual may not report their own bad acts; therefore, although you may tell such individual that the conduct is offensive to you if you feel comfortable doing so, you must also make a complaint to the General Counsel or the Executive and Artistic Director, as noted above, whom you do not believe is involved in the conduct.

Carnegie Hall encourages the prompt reporting of all incidents of harassment, regardless of the offender’s relationship to Carnegie Hall. This procedure should also be followed if the consultant believes that an individual with whom the consultant is required or expected to work has engaged in the prohibited conduct.

All complaints of discrimination or harassment will be subject to a prompt, thorough and impartial investigation and kept confidential on a “need to know” basis to the extent possible and consistent with Carnegie Hall’s need to investigate and take possible corrective action. Such investigations may include interviews with the complaining individual, the accused individual, and others who may have knowledge of the situation. Documents, files, and other tangible evidence may also be reviewed as appropriate.

Any consultant who becomes aware of possible sexual or other unlawful harassment must immediately advise their Carnegie Hall contact or Carnegie Hall’s General Counsel, so that the matter can be investigated in a timely and thorough manner. Carnegie Hall is mindful of the impact that harassment and a subsequent investigation has on victims. Being identified as a possible victim of harassment and questioned about harassment and discrimination can be intimidating, uncomfortable and re-traumatizing for individuals. Carnegie Hall will accommodate the needs of individuals who have experienced harassment to ensure the workplace is safe, supportive, and free from retaliation for them during and after any investigation.

Carnegie Hall will not in any way retaliate against any individual who, in good faith, makes a complaint or report of harassment, or participates in the investigation of such a complaint or report.

The consultancy of any independent contractor who is found to be responsible for harassment, or for retaliating against any individual who reports a claim of harassment or cooperates in an investigation, will be subject to termination, in accordance with any agreement between Carnegie Hall and such consultant and in accordance with applicable law.

Bystander Intervention

Any consultant witnessing harassment as a bystander is encouraged to report it. Below are different methods of bystander intervention that can be used when anyone witnesses harassment or discrimination and wants to help.

• A bystander can interrupt the harassment by engaging with the individual being harassed and distracting them from the harassing behavior;
• A bystander who feels unsafe interrupting on their own can ask a third party to help intervene in the harassment;
• A bystander can record or take notes on the harassment incident to benefit a future investigation;
• A bystander might check in with the person who has been harassed after the incident, see how they are feeling and let them know the behavior was not ok; or
• If a bystander feels safe, they can confront the harassers and name the behavior as inappropriate. When confronting harassment, physically assaulting an individual is never an appropriate response.

Though not exhaustive, and dependent on the circumstances, the guidelines above can serve as a brief guide of how to react when witnessing harassment in the workplace. Any consultant witnessing harassment as a bystander is encouraged to report the incident.

Legal Remedies

Discrimination and harassment are not only prohibited by Carnegie Hall but are also prohibited by state, federal, and, where applicable, local law. Aside from the internal process at Carnegie Hall, consultants may also choose to pursue legal remedies with the following governmental entities at any time.

New York State Division of Human Rights (“DHR”)

The New York Human Rights Law (“HRL”), codified as N.Y. Executive Law, art. 15, § 290 et seq., protects individuals (including non-employees) against sexual harassment, regardless of immigration status. A complaint alleging violation of the Human Rights Law may be filed either with DHR or in New York State Supreme Court.

Complaints may be filed with DHR any time within one or three years, depending on the nature of the complaint. If an individual did not file at DHR, they can sue directly in state court under the HRL, within three years of the alleged conduct. An individual may not file with DHR if they have already filed a HRL complaint in state court.

Complaining internally to Carnegie Hall does not extend your time to file with DHR or in court. The three years is counted from date of the most recent incident of discrimination or 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 discrimination or harassment has occurred. Probable cause cases are forwarded to a public hearing before an administrative law judge. If discrimination or harassment is found after a hearing, DHR has the power to award relief, which varies but may include requiring an organization to take action to stop the discrimination or harassment, or redress the damage caused, including paying 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, (718) 741-8400, www.dhr.ny.gov.

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.

Call the DHR sexual harassment hotline at 1(800) HARASS3 for more information about filing a sexual harassment complaint. This hotline can also provide you with a referral to a volunteer attorney experienced in sexual harassment matters who can provide you with limited free assistance and counsel over the phone.

Local Protections

Many localities enforce laws protecting individuals from 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, individuals who perform services in New York City may file complaints of discrimination or harassment with the New York City Commission on Human Rights. Contact their 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.

Contact the Local Police Department

If the harassment involves physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. Contact the local police department.

Equal Opportunity

Carnegie Hall subscribes to a policy of equal opportunity. Carnegie Hall holds the belief that a commitment to principles of fairness and respect for all helps create a climate that is favorable to the free and open exchange of ideas, and the organization seeks to reach out as widely as possible in order to attract the individuals best suited to the program’s needs, based upon their qualifications. In applying this policy, Carnegie Hall is committed not to discriminate against individuals on the basis of any Protected Characteristic. This policy applies to all terms and conditions of consultancy services, including, but not limited to, recruitment, compensation, conditions and privileges of consultancy, termination, and access to training.

Carnegie Hall expects the full support of each and every consultant in the maintenance of a workplace free of any discrimination. Consultants who believe that they have been the subject of discrimination in violation of this policy must use the complaint procedure set forth above in “Discrimination and Harassment Complaint Procedure; No Retaliation.”

Freelancers and interns at Carnegie Hall have the same rights and protections against discrimination, harassment, and retaliation under the New York City Human Rights Law as employees and independent contractors.

Reasonable Accommodation

If consultants need a reasonable accommodation due to disability, religious observance or status as a victim of domestic violence, sex offenses or stalking, or due to pregnancy (or pregnancy-related conditions), recovery from childbirth or related medical conditions, such consultants should contact the General Counsel who may seek additional appropriate information. Carnegie Hall will provide reasonable accommodations to the extent required by law. All requests for reasonable accommodations will be kept confidential to the extent possible and shared only on a “need-to-know” basis.

Threatening Behavior

Threatening behavior on Carnegie Hall premises or while performing services for Carnegie Hall, whether verbal or physical, which may intimidate or endanger others or damage Carnegie Hall property, is cause for removal from the premises and may subject the consultant to immediate termination of their services, in accordance with any agreement between Carnegie Hall and such consultant and in accordance with applicable law.

Weapons And Hazardous Materials

Weapons and hazardous materials are strictly prohibited at Carnegie Hall except when used by authorized persons for necessary health and safety purposes.

Alcoholic Beverages And Drugs In The Workplace

An environment free of alcohol and drugs is essential to the safety and wellbeing of Carnegie Hall, its patrons, its employees, and individuals who perform services at Carnegie Hall. Therefore, the unauthorized presence of alcoholic beverages or any presence of illegal drugs or controlled substances in Carnegie Hall will not be tolerated.

To protect the Carnegie Hall community from the abuses of illegal substances on Carnegie Hall premises or at Carnegie Hall functions, and as a condition of grants that Carnegie Hall may receive from certain funders, the following policy is applicable to all consultants:

The manufacture, distribution, dispensation, possession, purchase, or use of controlled substances or illegal drugs and the unauthorized use of alcohol while on Carnegie Hall premises or while performing services for Carnegie Hall off Carnegie Hall’s premises is prohibited. Any violation of this policy may be grounds for termination of your contract.

Controlled substances and illegal drugs include all forms of narcotics, hallucinogens, depressants, stimulants, and other drugs that are not medically prescribed, and whose possession, use, or transfer is restricted or prohibited by law.

The legal use of prescribed drugs is permitted on the premises only with medical authorization and only if it does not impair an individual’s ability to perform their services effectively and in a manner that does not endanger other individuals. Additionally, any individual who is taking a drug or medication, whether or not prescribed by a health care provider, that may adversely affect the individual’s ability to perform their services in a safe or productive manner should consult their health care provider about potential safety or productivity concerns. Further, the consultant should notify the General Counsel if reasonable accommodations might be required to address such safety or productivity concerns.

Smoking

In compliance with the New York City Smoke-Free Air Act, and in the interest of providing a safe and healthy work environment, Carnegie Hall has adopted the following no-smoking policy:

Smoking is prohibited in all work areas (whether a group or private office) and in all reception areas, restrooms, customer areas, elevators, hallways, conference rooms, lounges, locker rooms, and rooms containing photocopying or other office equipment used in common by employees, independent contractors, and/or other non-employees. Smoking is also prohibited in any Carnegie Hall vehicles (and any personal vehicles when being used for the performance of services for Carnegie Hall).

This policy applies to lighted cigarettes, cigars, pipes or any other matter or substance which contains tobacco, as well as e-cigarettes (vaping). All employees, clients, business associates, consultants and visitors are expected to comply.

To report a violation of this policy, consultants should speak with the General Counsel. No retaliatory action will be taken against any individual who exercises, or attempts to exercise, any rights granted under this smoking policy. Individuals who feel that they are being retaliated against as a result of their complaints should contact the General Counsel, who will investigate the allegations.

Confidentiality

If a consultant should acquire confidential or proprietary information about Carnegie Hall or its stakeholders, such information must be handled in strict confidence. All consultants are responsible for ensuring that the operations, activities, and business affairs of Carnegie Hall and its stakeholders are kept confidential to the maximum extent possible. A consultant’s confidentiality obligations may survive termination of their contract, based on the terms of the contract and to the extent permitted by applicable law.