CIUDADANÍA, VECINDAD E INMIGRACIÓN

9:01 Joint Commitment to a Discrimination and Harassment Free Workplace Environment

Equity and the Theatre acknowledge a joint commitment to ensure a safe and respectful workplace environment free of any and all forms of workplace violence, harassment, bullying or other unwelcome conduct.

9:02 Theatre’s Obligation to Post Policies

The Theatre shall post their respective workplace policies, and processes for response in case of a violation of said policies. The Theatre shall inform an Artist of the policies and processes no later than the first day that the Artist provides service to a production.

9:03 Discrimination

(A) Discrimination Prohibition

There shall be no discrimination against any Artist or applicant for a role or position by reason of ethno-cultural origin or identity, colour, gender identity and/or expression, sexual orientation, age, disability, political or religious affiliation, citizenship, marital status, or any other basis prohibited by law. Any breach of this Clause by the parties to the ITA may be submitted to the appropriate human rights authority.

(B) Termination Due to Discrimination is Prohibited

When it is alleged that an Artist's engagement has been terminated due to discrimination as described above, the matter may be submitted to the dispute resolution provisions of Article 52:00.

(C) Artist Not Required to Render Services

An Artist shall not be required to render any services to the Theatre in any theatre or any place where it has been determined that discrimination as described in this Article is practised against any person. Where there is a dispute as to whether such discrimination has taken place, the Artist will continue to render his/her services until final determination has been made under the provisions of Article 52:00.

(D) Discrimination Due to Pregnancy or Parental Status

An Artist's pregnancy or parental status shall not prevent the Artist from enjoying full and equal audition and engagement opportunities.

Under no circumstances shall an Artist's pregnancy be considered grounds for termination, unless it impinges on the artistic integrity of the production, to be determined by the Theatre.

(E) Discrimination for Association Activity

(i) Prohibition of Discrimination

The Theatre shall not dismiss or otherwise penalize any Equity member for fulfilling his/her duties or obligations as a Deputy, elected officer, or member of Equity.

(ii) Claims

Any Equity member who claims that the Theatre has given him/her notice or otherwise penalized him/her for fulfilling his/her duties as an Equity member, may present his/her case to the Executive Director of Equity who shall give the Theatre the opportunity to be heard if it desires to avail itself of this opportunity. If the Executive Director of Equity is satisfied that such activities are the real cause of dismissal or of any penalty, it shall have the power to determine the character and the amount of a penalty to be assessed against the Theatre. Should the Theatre disagree with the Executive Director's decision or with the assessed penalty, it may appeal through arbitration according to the further provisions of Article 52:00.

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(iii) Deputy's Contract Terminated

In the event the engagement of a Deputy is terminated, the Theatre will furnish the reason for this termination to both the Deputy and Equity simultaneously and in writing. Whenever an Equity Deputy is dismissed or otherwise penalized, Equity shall investigate the reasons for such dismissal or penalty. If Equity is satisfied upon investigation that said Deputy was dismissed or otherwise penalized for fulfilling his/her duties or obligations as a Deputy, his/her case shall be presented to the Executive Director of Equity of who shall give the Theatre the opportunity to be heard if it desires to avail itself of this opportunity. After said hearing, where the Executive Director of Equity determines that the Deputy has been dismissed or otherwise penalized for fulfilling his/her duties or obligations as a Deputy, Equity shall have the power to determine the character and the amount of a penalty to be assessed against the Theatre. Should the Theatre disagree with such determination by the Executive Director of Equity or with the assessed penalty, it may appeal through arbitration according to the further provisions of Article 52:00.

(iv) Failure to Pay Penalty

Should the Theatre fail to pay a penalty assessed against it, Equity agrees that it will not attach the Theatre's bond for payment of such penalty prior to sixty (60) days from the date of the final assessment of such penalty.

9:04 Harassment

“Harassment” is engaging in a course of vexatious comment or conduct against a person in a workplace that is known, or ought reasonably to be known, to be unwelcome or offensive.

Harassment is prohibited on the grounds as defined by legislation in the jurisdiction in which the Theatre has its point of origin.

(A) Reporting Harassment and Resolution Process

When harassment is perceived to have occurred, the complainant (the offended party or a witness to the behaviour) shall make known to the alleged perpetrator, either directly or indirectly, that the behaviour is unwelcome and must cease immediately; or may file a complaint with the Theatre’s representative. Should the behaviour continue, it must be reported to the Theatre's representative, who at the discretion of the Artist, may inform the Business Representative of Equity; or to the Business Representative of Equity, who shall inform the Theatre. The Theatre has a duty to ensure a safe and respectful workplace and will take steps outlined in its policy to respond to the complaint. A complaint of harassment will in no way prejudice the complainant's engagement.

(B) Requirement to Report Results to Equity

For all complaints that are brought to the Theatre by an Equity member, or at the specific request of a non-member, the Theatre shall, upon completion of the investigation, provide to Equity a summary report of the actions and findings. Equity shall treat any information in the report as confidential.

(C) Relief of Termination Payment

When it has been determined that harassment has taken place and the Theatre wishes to terminate the Artist’s ITA Engagement Contract, the Theatre may request relief from the provisions of Article 38:00, Termination, in order to terminate an Artist's ITA Engagement Contract without further remuneration. Equity may grant such relief, provided it is satisfied that such termination of the Artist's contract is the appropriate resolution.

(D) Dispute Between Equity and the Theatre

If the Theatre and Equity are in dispute with respect to any matter arising from the application of this Article, either party may refer the dispute to the dispute resolution procedures of Article 52:00.

10:00 EQUAL ENGAGEMENT OPPORTUNITIES AND INCLUSION