Employee Standards of Conduct
All employees of Carnegie Hall, whether full-time, part-time or temporary, are expected to meet a standard of conduct that is appropriate to the good name and reputation of Carnegie Hall. While on the Carnegie Hall premises, or while representing Carnegie Hall elsewhere, employees 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 take appropriate action against any employee who engages in illegal conduct that affects that employee’s ability to fulfill his or her job responsibilities, or who violates any Carnegie Hall rule, policy or procedure.
Employees 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 through Human Resources. 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, retaliation, or adverse employment consequences. Employees who wish to report harassment or discrimination, however, must instead 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 other violations of Carnegie Hall policies, without fear of retaliation. Carnegie Hall employees are responsible for familiarizing themselves and complying with these important policies and procedures.
Respect for Others—Anti-Harassment
Carnegie Hall is committed to providing a work environment in which all individuals are treated with respect and dignity. Each individual has the right to work 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, based on any impermissible classification including, but not limited to, race, color, national origin, citizenship, religion, sex (including gender identity, gender expression or status of being transgender), sexual orientation, marital status, familial status, status as a caregiver, status as a victim of domestic violence, sex offenses or stalking, criminal convictions (except where otherwise permitted by law); arrest record, credit history, pregnancy, age, mental or physical disability, veteran or military status, reproductive health decisions, or any other characteristic protected by applicable law.
The New York State Human Rights Law prohibits sexual harassment of “non-employees” in the workplace as well. For this purpose, non-employees includes 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 is prohibited by Carnegie Hall policy as well as by applicable law. Carnegie Hall will take prompt and appropriate action to prevent and, where necessary, discipline behavior that violates this policy.
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
- Submission to such conduct is made implicitly or explicitly a term or condition of employment;
- 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, or living conditions by creating an intimidating, hostile, or offensive environment.
Forms of sexual harassment include, but are not limited to, the following:
- Verbal harassment, such as unwelcome comments, jokes, or slurs of a sexual nature.
- Physical harassment, such as unnecessary or offensive touching, or impeding or blocking movement.
- Visual harassment, such as derogatory or offensive posters, cards, cartoons, graffiti, drawings, or gestures.
Other Forms of Harassment
Harassment on the basis of any other characteristic protected by applicable law 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 his or her race, color, national origin, citizenship, religion, sex (including gender identity, gender expression or status of being transgender), sexual orientation, marital status, familial status, status as a caregiver, status as a victim of domestic violence, sex offenses or stalking, criminal convictions (except where otherwise permitted by law), arrest record, credit history, pregnancy, age, mental or physical disability, veteran or military status, reproductive health decisions, or any other characteristic protected by law, 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 work performance, or otherwise adversely affects an individual’s employment.
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 employer’s premises or circulated in the workplace.
Harassment Complaint Procedure; No Retaliation
Harassment will not be tolerated. Any employee who believes that he or she has been the subject of sexual or other harassment, or who has witnessed or learned about the harassment of another, is encouraged to immediately report such actions or circumstances to Human Resources. Human Resources will circulate a complaint form to all employees to report harassment and file complaints. If there is any reason to believe Human Resources is involved in the conduct, or if you feel uncomfortable about making a report to Human Resources, the report should be made immediately to the General Counsel. 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 his or her 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 Human Resources or the General Counsel, 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 employee believes that a nonemployee with whom the employee is required or expected to work has engaged in the prohibited conduct. All complaints of 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 employee, the accused individual, co-workers, and former employees who may have knowledge of the situation. Documents, files, and other tangible evidence may also be reviewed as appropriate.
Any supervisor or manager who becomes aware of possible sexual or other unlawful harassment must immediately advise Human Resources so that the matter can be investigated in a timely and thorough manner.
Carnegie Hall will not in any way retaliate against any employee who, in good faith, makes a complaint or report of harassment, or participates in the investigation of such a complaint or report. All employees shall be protected from retaliation, intimidation, interference, coercion, or discrimination for filing a complaint or assisting in an investigation.
Any employee 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 disciplinary action. Based on the seriousness of the offense, disciplinary action may include, but is not limited to, verbal or written reprimand, suspension without pay, and termination of employment.
Individuals who have experienced conduct they believe is contrary to this policy and who do not take advantage of Carnegie Hall’s harassment complaint procedure may jeopardize their rights to pursue legal action.
Sexual harassment is not only prohibited by Carnegie Hall but is also prohibited by state, federal, and, where applicable, local law. Aside from the internal process at Carnegie Hall, employees 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., applies to employers in New York State with regard to sexual harassment, and protects employees, paid or unpaid interns and non-employees 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 with DHR may be filed any time within one year of the harassment. If an individual did not file at DHR, they can sue directly in state court under the HRL, within three years of the alleged discrimination. 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 oneyear or three years is counted from date of the most recent incident of 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 has occurred. Probable cause cases are forwarded to a public hearing before an administrative law judge. If discrimination is found after a hearing, DHR has the power to award relief, which varies but may include requiring your employer to take action to stop the 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. Contact DHR at (888) 392-3644 or 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.
United States Equal Employment Opportunity Commission (“EEOC”)
The EEOC enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). An individual can file a complaint with the EEOC anytime within 300 days from the harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint, and determine whether there is reasonable cause to believe that discrimination has occurred, at which point the EEOC will issue a Right to Sue letter permitting the individual to file a complaint in federal court.
The EEOC does not hold hearings or award relief, but may take other action including pursuing cases in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination is found to have occurred. If an employee believes that he/she has been discriminated against at work, he/she can file a “Charge of Discrimination.” The EEOC has district, area, and field offices where complaints can be filed. Contact the EEOC by calling 1-800-669-4000 (1-800-669-6820 (TTY)), visiting their website at www.eeoc.gov or via email at email@example.com.
If an individual filed an administrative complaint with DHR, DHR will file the complaint with the EEOC to preserve the right to proceed in federal court.
Many localities enforce laws protecting individuals from sexual 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, employees who work in New York City may file complaints of sexual 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.
Your Rights Regarding Reproductive Health Decisions
Carnegie Hall prohibits accessing an employee’s personal information regarding the employee’s or the employee’s dependent’s reproductive health decision making, including but not limited to, the decision to use or access a particular drug, device or medical service without the employee’s prior informed affirmative written consent. Carnegie Hall is also prohibited from requiring an employee to sign a waiver or other document, which purports to deny an employee the right to make their own reproductive health care decisions. Further, discrimination or retaliatory action against an employee with respect to compensation, terms, conditions or privileges of employment because of or on the basis of the employee’s or dependent’s reproductive health decision making, including but not limited to, a decision to use or access a particular drug, device or medical service is generally prohibited.
If any of the foregoing events should occur, employees have the following remedies: they may, among other things, bring a civil action against Carnegie Hall for violation of the law and may seek (i) damages, including, but not limited to back pay, benefits, reasonable attorneys’ fees and costs incurred; (ii) injunctive relief; (iii) reinstatement; and/or (iv) liquidated damages equal to 100% of the award for damages (unless Carnegie Hall proves a good faith basis to believe that its actions in violation of this law were in compliance with the law). If Carnegie Hall engages in retaliation, it could be subject to separate civil penalties under the law. Nothing in the NY reproductive health law shall be construed to limit any rights of its employees provided through any other provisions of law, common law or collective bargaining unit.
Threatening Behavior in the Workplace
Threatening behavior in the workplace or while conducting Carnegie Hall business, whether verbal or physical, which may intimidate or endanger others or damage Carnegie Hall property, is cause for removal from the workplace and may subject an employee to immediate termination of employment.
Alcoholic Beverages and Drugs in the Workplace
A workplace free of alcohol and drugs is essential to the safety and wellbeing of Carnegie Hall, its patrons, and its employees. Therefore, the unauthorized presence of alcoholic beverages or any presence of illegal drugs or controlled substances in the workplace will not be tolerated.
To protect the employees and patrons of Carnegie Hall 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 employees:
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 conducting business activities off Carnegie Hall’s premises is prohibited. Any violation of this policy will be grounds for disciplinary action, up to and including termination. Any employee convicted of a criminal drug violation in the workplace must report the conviction to Human Resources within five days of the conviction. Failure to do so may result in immediate dismissal.
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 job only with medical authorization and only if it does not impair an employee’s ability to perform the essential functions of the job effectively and in a manner that does not endanger other individuals in the workplace. Additionally, any employee who is taking a drug or medication, whether or not prescribed by a health care provider, that may adversely affect the employee’s ability to perform his or her duties in a safe or productive manner should consult his or her health care provider about potential safety or productivity concerns. Further, the employee should notify Human Resources if reasonable accommodations might be required to address such safety or productivity concerns. Human Resources and the Employee Assistance Program can offer assistance in locating drug and alcohol abuse counseling and rehabilitation programs. Employees should seek assistance without fear of retaliation or disciplinary action for inquiring about such programs.
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. Smoking is also prohibited in any Carnegie Hall vehicles (and any personal vehicles when being used for Carnegie Hall business purposes).
This policy applies to lighted cigarettes, cigars, pipes or any other matter or substance which contains tobacco, as well as e-cigarettes. For purposes of this policy, “smoking” includes the use of e-cigarettes (sometimes referred to as “vaping”). All employees, clients, business associates, independent contractors and visitors are expected to comply.
To report a violation of this policy, employees should speak with their immediate supervisor or notify Human Resources. 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 Human Resources, which will investigate the allegations.
Carnegie Hall maintains a tradition of excellence that each employee is expected to uphold. This image is expressed in part by our appearance standard.
The following guidelines do not provide a level of detail sufficient to replace the need for employees’ and managers’ good judgment. Rather, these guidelines provide a context from which specific decisions can be made and highlight what Carnegie Hall considers to be appropriate standards of personal appearance:
- Hair should be clean, combed, and well groomed.
- Employees should wear business-style footwear that is in good condition.
- Attire should be neat and clean.
- Revealing or suggestive clothing is not appropriate for the workplace.
If a supervisor regards an employee’s appearance as inappropriate, the supervisor should discuss the issue with the employee and, if necessary, send the employee home to change (which, for a Non-Exempt employee, may be at the employee’s own time and expense). Repeated failure to meet these standards of personal appearance may also result in disciplinary action.
Employees who have questions regarding these standards of personal appearance should discuss them with their supervisor or Human Resources.
Conflicts of Interest
Carnegie Hall recognizes and respects an employee’s right to invest or engage in activities outside of employment with Carnegie Hall. However, these activities must not in any way conflict with Carnegie Hall’s interests or interfere with the employee’s responsibilities to Carnegie Hall.
Although it is impossible to set forth every possible situation that might be considered a conflict of interest, there are certain general principles and standards of business conduct that all employees are expected to follow in the performance of their professional duties. Employees should not allow themselves to be placed in a situation, either directly or indirectly, in which they might be influenced to favor themselves, their families, or others at the expense of Carnegie Hall. To this end, employees are expected to select and deal with parties doing business or seeking to do business with Carnegie Hall, including patrons, in a completely impartial and ethical manner.
Any conflict or potential conflict of interest must be disclosed to Carnegie Hall management. Failure to do so will result in discipline, up to and including termination.
Gifts and Gratuities
No Carnegie Hall employee should compromise the objectivity of his or her business judgment by seeking or accepting gifts, money, gratuities, or other “perks” that are intended to influence or that give the appearance of influencing the employee’s judgment. In particular, employees should avoid giving and receiving gifts or entertainment if there is a likelihood that they may be intended to or might be thought to influence improperly the recipient’s judgment in dealing with or for Carnegie Hall.
Consistent with this policy, employees are prohibited from soliciting or accepting gifts from a vendor or contractor; however, gifts of promotional items without significant value that are routinely distributed by vendors to clients are acceptable. Ordinary business courtesies, such as payment for a modest lunch or dinner, are also acceptable. Gratuities or gifts of money, whatever the amount, cannot be accepted at any time, and should be returned immediately. If there is any question as to the propriety of a particular gift, contact Human Resources or the General Counsel.
Consulting and Other Outside Activities
No employee may be employed by or render service to another company or organization (either for-profit or not-for-profit) as an employee, director, consultant, or in any other capacity, while employed by Carnegie Hall, except with the written approval of the Executive and Artistic Director (or, in the case of temporary employees, the employee’s supervisor), who must be satisfied that such affiliation does not:
- Adversely affect Carnegie Hall’s image or otherwise work to the detriment of Carnegie Hall;
- Unfavorably influence the decisions or actions of the employee in the performance of his or her work; or
- Deprive Carnegie Hall of the full measure of the employee’s working time, attention to assigned duties, or loyalty.
Purchasing and Contracts
Carnegie Hall employees must not execute purchasing agreements or other types of contracts from which they may personally benefit. Participating in agreements that benefit members of their family or household, or others with whom there is a personal relationship is also prohibited. Employees who stand to gain, either personally or indirectly, from a particular contract must identify the situation to their supervisors.
If an employee should acquire confidential or proprietary information about Carnegie Hall or its stakeholders, such information must be handled in strict confidence. All employees 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.
Solicitation and Distribution
Employees may not sell goods or services or seek contributions or distribute promotional materials outside of the scope of their work at Carnegie Hall on Carnegie Hall premises or during their regularly scheduled work time. Exceptions may be made, with the authorization of Human Resources, for charitable promotions.