July 31, 2017 Holland & Knight LLP Resources Updated June 13, 2018 Employment Issues Facing Theaters Presented by Lawyers for the Creative Arts and The League of Chicago Theaters Panelists Jeannil Boji Perkins Coie LLP Jan Feldman Lawyers for the Creative Arts Steven Gillman Holland & Knight LLP Sarah R. Marmor Scharf Banks Marmor LLC Research and Materials Lauren Mangurten Intern, Lawyers for the Creative Arts Lawyers for the Creative Arts is supported by generous contributions from many individuals, companies, and law firms, and by the following foundations: Alphawood Foundation Arts Work Fund for Organizational Development Chicago Bar Foundation Chicago Community Trust City of Chicago Department of Cultural Affairs and Special Events Gaylord & Dorothy Donnelley Foundation Richard H. Driehaus Foundation Illinois Arts Council, A State Agency Employment Issues Facing Theaters Table of Contents Program Summary .................................................................................................................... 4 Resources ............................................................................................................................... 11 Equity News: Combating Harassment in the Workplace ........................................................ 11 Equity News: Resources Available for Actors Subjected to Sexual Harassment .................... 16 The University of Toledo: Seven Tests of Just Cause ............................................................ 18 Not In Our House: Chicago Theatre Standards Draft ............................................................. 21 The Lilly Awards Foundation: Official Statement on Harassment ........................................... 54 Illinois Department of Human Rights: Model Sexual Harassment Policy ................................ 61 Northern District of Illinois: Attorney’s Guide for Employment Discrimination Cases .............. 69 Program Overview The business of creating theatre and dance naturally places artists in environments that demand vulnerability and risk-taking that can be both emotional and physical. When complaints arise, the law -- and principles of best practices -- require management to address these situations promptly and fairly. Our panel of experienced employment lawyers will discuss best practices you should follow in establishing appropriate policies before incidents occur. Should you have written policies? What specific concepts should they address? Our panel will also provide practical advice for handling allegations of harassment when they occur. What immediate actions should you take? How do you accommodate the rights of privacy of the complainant, alleged harasser, and any witnesses. How do you respond to requests for information from those not involved? Audience interaction and questions are welcome and encouraged. Program Agenda I. Introduction (Jan Feldman) II. General Legal Background (Steve Gillman) III. Theatre Context and Current Landscape (Sarah Marmor) IV. Best Practices and Practical Strategies (Jeannil Boji) V. Hypotheticals (Jeannil Boji, Sarah Marmor, Steve Gillman) VI. Conclusion (Jan Feldman) 3 Panelists 4 Jan Feldman Jan Feldman | Lawyers for the Creative Arts EXECUTIVE DIRECTOR 312-649-4111 [email protected] O - 312-649-4111 Jan Feldman became ExecutiveC - 847–828-1875 Director of Lawyers for the Creative Arts in 2014. He had been a member of LCA's Executive Committee where he led the organization's fundraising efforts for most of the last decade. Before he joined the LCA Board of Directors, Mr. Feldman held board president positions for several arts organizations in the areas of arts education, arts service and performing arts. They included the People's Music School, Arts Bridge and Mostly Music Chicago. He assisted those organizations in navigating challenging funding periods, significant program enhancements and transitions in their staff leadership. Mr. Feldman is a 1981 graduate of Northwestern University Law School, and practiced civil litigation concentrating on high technology and trade secret disputes. He was a partner in several Chicago law firms including Phelan, Pope & John, Holleb & Coff, and most recently, Perkins Coie. 49 Jeannil D. Boji Jeannil Boji | Perkins Coie LLP PARTNER 131 S. Dearborn Street Suite 1700 Chicago, IL 60603-5559 D. +1.312.324.8419 F. +1.312.324.9419 E. [email protected] Jeannil Boji, a partner in Perkins Coie’s Labor and Employment group, counsels clients from startups to FORTUNE 100 companies in every aspect of employment law, including the latest developments in non- compete and trade secrets law, wage and hour law, leave and sick time law, fair employment, discrimination, and accommodation law, privacy issues and workplace investigations, and social media, confidentiality, and employment policies. Jeannil has a national practice and is well versed in federal employment law developments as well as the nuances of state employment laws throughout the country. Jeannil regularly drafts and negotiates executive employment and separation agreements, as well as non-competes and other restrictive covenants, and counsels employers on issues of workplace mobility when hiring or dealing with the departure of employees subject to employment agreements. Jeannil has successfully handled a wide variety of significant employment matters at the agency, state, and federal level, and in mediation/arbitration. Jeannil also regularly handles sensitive workplace investigations and internal compliance issues and provides employment law-related training. 50 Steven L. Gillman Steven Gillman | Holland & Knight Partner Holland & Knight LLP 131 South Dearborn Street, 30th Floor | Chicago, IL 60603 Phone 312.578.6538 | Fax 312.578.6666 [email protected] Steven L. Gillman is a partner in Holland & Knight and leader of the Chicago Labor and Employment Group. Mr. Gillman's practice emphasizes employment litigation, including claims of discrimination, wrongful discharge, breach of contract, misappropriation and use of trade secrets, defamation and other torts arising in the employment setting. He has extensive first-chair trial experience. He has appeared in cases in more than 25 states, and has tried cases in eight states. He has also handled a broad range of issues for unionized clients, including numerous labor arbitrations and unfair labor practice cases, and issues relating to union representation cases. He has amassed an extraordinary record of success in the cases he has tried. He has obtained numerous published summary judgments in cases filed in state and federal courts across the country. 51 Sarah R. Marmor Sarah Marmor| Scharf Banks Marmor LLC Partner Scharf Banks Marmor LLC 333 W. Wacker Drive| Chicago, IL 60606 Phone 312.662.6197 [email protected] Sarah R. Marmor is a founding partner of Scharf Banks Marmor LLC, one of the largest women-owned law firms in the country. She concentrates her practice on employment law, complex business litigation, and life sciences/product liability. Ms. Marmor has tried complex cases throughout the United States. Ms. Marmor heads her Firm's Employment Counseling and Litigation Practice. Her employment law experience comprises counseling in all aspects of this discipline, including discrimination claims, wage and hour issues, background checks, leave policies and law, diversity initiatives, and employment contracts and non-compete and related restrictive covenant matters. Ms. Marmor defends clients in state and federal investigations, and has tried employment contract, discrimination, and ERISA claims to successful verdicts in both state and federal courts. In recent years, she has developed significant expertise in social media law, as it applies to employers and more broadly, and she frequently lectures on this subject. 52 anner Jamyl Rhianna Amitria Anastacia Kolina Vinie Clarissa Mana Meg Chivas Melodie Pawnee Anne Ansley Marlon Ami Abbie Taina Elia Deen Milica Marlo Rose-Mary Trudie Castulo Eilis Brik M. 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