New York City is renowned for its theater scene. Broadway theaters offer some of the best and most well-regarded productions in the world. The various levels of “off-Broadway” theaters offer everything from the familiar to the avant-garde. Given what we know about other media industries, it should be no surprise that theater workers must also deal with sexual harassment. New York City’s theater scene has taken some steps to address the issue, but it remains a serious problem. Reports from earlier this year revealed allegations of sexual harassment and assault in a popular “immersive” theater production, where audience members may interact directly with performers, and a few have allegedly groped cast members. In order to address this sort of situation, New York City sexual harassment attorneys may not only have to identify the legal relationships between the various parties, but also the ways in which the nature of the production itself could put people at risk.
Under statutes like the New York City Human Rights Law, sexual harassment is an unlawful form of sex discrimination in two broad scenarios. Quid pro quo sexual harassment occurs when an individual with managerial or supervisory authority demands some sort of sexual activity in exchange for employment or various perks of employment. One example of this in the entertainment world is the “casting couch,” in which a producer or director will cast someone in their production in exchange for sexual activity.
The other legally-actionable form of sexual harassment occurs when a pattern of unwelcome sexual conduct creates a hostile work environment that inhibits the ability to do one’s job. The perpetrators of a hostile work environment do not have to be in a superior position to the complainant for a claim to be viable. They could be co-workers, customers, or audience members. The complainant must, however, be able to show that the employer knew about the harassment and failed to take reasonable steps to deal with it.