Independent Contractor Standards of Conduct
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.
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 Whistleblower Policy, 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.
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 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. 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 with respect to 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 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, 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.
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.
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 or has the purpose or effect of unreasonably interfering with an individual’s performance.
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.
Harassment Complaint Procedure; No Retaliation
Harassment will not be tolerated. Any consultant 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 the Carnegie Hall General Counsel. 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 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 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 a nonemployee with whom the consultant 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 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 General Counsel, so that the matter can be investigated in a timely and thorough manner.
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.
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 applicable law. Aside from the internal process at Carnegie Hall, individuals 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 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 an organization 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.
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, individuals 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.
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 ablest individuals. For these reasons, decisions concerning consultancy are made on the basis of an individual’s qualifications to contribute to meeting Carnegie Hall’s needs. In applying this policy, Carnegie Hall is committed not to discriminate against individuals on the basis of 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 or 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, sexual and reproductive health decisions, or any other characteristic protected by law. 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.
The organization 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 harassment complaint procedure set forth above in “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.
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 Human Resources. 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 in Carnegie Hall 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 premises.
Alcoholic Beverages and Drugs in the Workplace
The unauthorized presence of alcoholic beverages or any presence of illegal drugs or controlled substances will not be tolerated.
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.
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 the essential functions of the job 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 his or her duties in a safe or productive manner should consult his or her health care provider about potential safety or productivity concerns.
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. 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 clients, business associates, independent contractors and visitors are expected to comply.
No retaliatory action will be taken against any individual who exercises, or attempts to exercise, any rights granted under this smoking policy.
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.