Ma-Yi Anti-Discrimination and Harrassment Policy

ANTI DISCRIMINATION AND SEXUAL HARASSMENT POLICY

MA-YI THEATER COMPANY

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THIS MANUAL DETAILS MA-YI’S POLICY AGAINST ALL FORMS OF DISCRIMINATION AND SEXUAL HARASSMENT REV 02.2024

© Ma-Yi Theater Company 330 West 38th Street, Suite 902, New York, New York 10018

INTRODUCTION Ma-Yi Theater Company is committed to maintaining a workplace free from sexual harassment and discrimination.

Sexual harassment is a form of workplace discrimination, and all employees are required to work in a manner that prevents sexual harassment in the workplace. This policy is one component of Ma-Yi Theater Company’s commitment to a discrimination-free work environment. Sexual harassment is against the law, and all employees have a legal right to a workplace free from sexual harassment. Employees are urged to report sexual harassment by ling a complaint internally with Jakob Carter. Employees can also le a complaint with a government agency or in court under federal, state, or local antidiscrimination laws.

POLICY

Scope: This policy applies to all employees, applicants for employment, interns (whether paid or unpaid), contractors, and persons conducting business with Ma-Yi Theater Company, regardless of immigration status. In the remainder of this document, the term “employees” refers to this collective group.

Zero Tolerance: Sexual harassment will not be tolerated.

Any individual covered by this policy who engages in sexual harassment or retaliation will be subject to remedial and/or disciplinary action, including counseling, suspension, or termination.

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Retaliation Prohibition: No person covered by this policy shall be subject to adverse action because they report an incident of sexual harassment, provide information, or

otherwise assist in an investigation of a sexual harassment complaint. Ma-Yi Theater Company will not tolerate such retaliation against anyone who, in good faith, reports or provides information about suspected sexual harassment.

Any employee who retaliates against anyone involved in a sexual harassment investigation will be subject to disciplinary action, up to and including termination.

Liability and Consequences: Sexual harassment is o ensive, violates our policies, is unlawful, and may subject Ma-Yi Theater Company to liability for harm to targets of sexual harassment. Harassers may also be individually subject to liability. Employees of every level who engage in or allow sexual harassment will be penalized.

Investigation: Ma-Yi Theater Company will conduct a prompt and thorough investigation that ensures due process for all parties whenever management receives a complaint about sexual harassment. The investigation will be con dential to the extent possible. E ective corrective action will be taken whenever sexual harassment is found to have occurred. All employees are required to cooperate with any internal investigation.

Reporting: All employees are encouraged to report any harassment or behaviors that violate this policy. Ma-Yi Theater Company will provide all employees with a complaint form to report harassment and le complaints.

Manager Responsibilities: Managers and supervisors are required to report any complaint they receive, or any harassment they observe or become aware of, to Jakob Carter, the Production Associate.

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Policy Distribution: This policy applies to all employees, paid or unpaid interns, and non-employees. It must be provided to all employees, posted prominently in all work

locations to the extent practicable, and provided to employees upon hiring.

WHAT IS SEXUAL HARASSMENT? Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and local law. It includes harassment on the basis of sex, sexual orientation, selfidenti ed or perceived sex, gender expression, gender identity, and the status of being transgender. Sexual harassment includes unwelcome conduct that is either of a sexual nature or directed at an individual because of their sex when: Such conduct unreasonably interferes with an individual’s work performance or creates an intimidating, hostile, or o ensive work environment, even if the reporting individual is not the intended target.

Such conduct is made explicitly or implicitly a term or condition of employment.

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Submission to or rejection of such conduct is used as the basis for employment decisions a ecting an individual’s employment.

Examples of Sexual Harassment The following are examples of acts that may constitute unlawful sexual harassment and are strictly prohibited: Physical acts of a sexual nature, such as touching, pinching, patting, kissing, hugging, grabbing, brushing against another employee’s body, or poking another employee’s body; rape, sexual battery, molestation, or attempts to commit these assaults.

Unwanted sexual advances or propositions, such as requests for sexual favors accompanied by implied or overt threats concerning the target’s job performance evaluation, promotion, or other job bene ts or detriments; subtle or obvious pressure for unwelcome sexual activities.

Sexually oriented gestures, noises, remarks, or jokes, or comments about a person’s sexuality or sexual experience, which create a hostile work environment.

Sex stereotyping, where conduct or personality traits are considered inappropriate simply because they may not conform to other people's ideas or perceptions about how individuals of a particular sex should act or look.

Sexual or discriminatory displays or publications anywhere in the workplace, such as displaying pictures, posters, calendars, gra ti, objects, promotional material, reading materials, or other materials that are sexually demeaning or pornographic, including such displays on workplace computers or cell phones and sharing such displays while in the workplace.

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Hostile actions taken against an individual because of that individual’s sex, sexual orientation, gender identity, and the status of being transgender, such as interfering with, destroying, or damaging a person’s workstation, tools, or

equipment, or otherwise interfering with the individual’s ability to perform the job; sabotaging an individual’s work; bullying, yelling, name-calling.

Reporting Sexual Harassment Preventing sexual harassment is everyone’s responsibility.

Ma-Yi Theater Company cannot prevent or remedy sexual harassment unless it knows about it. Any employee, paid or unpaid intern, or non-employee who has been subjected to behavior that may constitute sexual harassment is encouraged to report such behavior to a supervisor, manager, or Jakob Carter. Anyone who witnesses or becomes aware of potential instances of sexual harassment should report such behavior.

Reports of sexual harassment may be made verbally or in writing. Employees reporting sexual harassment on behalf of other employees should use the complaint form and note that it is on another employee’s behalf.

Supervisory Responsibilities All supervisors and managers who receive a complaint or information about suspected sexual harassment, observe what may be sexually harassing behavior, or for any reason suspect that sexual harassment is occurring, are required to report such suspected sexual harassment to Ralph B. Peña at ralph.pena@me.com. Supervisors and managers will also be subject to discipline for failing to report suspected sexual harassment or otherwise knowingly allowing sexual harassment to continue. They will also be subject to discipline for engaging in any retaliation.

In addition, a complain can be made directly to Ma-Yi Theater Company’s Board of Director, ℅ William Cook, Board Chair at billc84108@yahoo.com

Complaint and Investigation of Sexual Harassment All complaints or information about sexual harassment will be investigated, whether that information was reported in verbal or written form. Investigations will be conducted in a timely manner and will be con dential to the extent possible.

An investigation will follow these steps: Immediate review of the allegations by Ralph B. Peña and Ma-Yi Theater’s Board of Directors with any interim actions taken as appropriate.

If the complaint is verbal, encourage the individual to complete the “Complaint Form” in writing. If they refuse, prepare a Complaint Form based on the verbal report.

Obtain and preserve any relevant documents, emails, or phone records.

Interview all parties involved, including any relevant witnesses.

Create written documentation of the investigation, including summaries of relevant documents and statements, a timeline of events, a summary of prior relevant incidents, and the basis for the decision and nal resolution of the complaint.

Keep written documentation and associated documents in a secure and con dential location.

Promptly notify the individual who reported and the individual(s) about whom the complaint was made of the nal determination and implement any corrective actions.

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Inform the individual who reported of the right to le a complaint or charge externally.

Legal Protections and External Remedies Sexual harassment is prohibited by Ma-Yi Theater Company as well as by state, federal, and local law.

Employees may pursue legal remedies through governmental entities. While a private attorney is not required to le a complaint with a governmental agency, legal advice may be sought.

State Human Rights Law (HRL) The Human Rights Law (HRL) applies to all employers in New York State with regard to sexual harassment, protecting employees, paid or unpaid interns, and non-employees, regardless of immigration status. Complaints may be led with the Division of Human Rights (DHR) or in New York State Supreme Court within speci c time frames. For more information, contact the NYS Division of Human Rights.

Civil Rights Act of 1964 The United States Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws.

Complaints may be led within 300 days from the harassment. For more information, contact the EEOC. Local Protections Local laws may provide additional protections. For example, employees in New York City may le complaints with the New York City Commission on Human Rights.

Contact the Local Police Department

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If harassment involves unwanted physical touching, coerced physical con nement, or coerced sex acts, it may constitute a crime. Contact the local police department.

CONCLUSION Ma-Yi Theater Company is dedicated to fostering a safe and respectful work environment. All employees are encouraged to uphold the standards outlined in this policy to ensure a harassment-free workplace.

MA-YI THEATER COMPANY ANTIDISCRIMINATION POLICY Ma-Yi Theater Company is committed to providing a work environment free from discrimination and harassment. It is the policy of Ma-Yi Theater Company to ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, sex, national

origin, age, disability, genetic information, marital status, sexual orientation, gender identity, or any other characteristic protected by federal, state, or local laws. Ma-Yi Theater Company prohibits any such discrimination or harassment.

Policy 1.

Equal Employment Opportunity: Ma-Yi Theater Company is an equal opportunity employer.

Employment decisions are based on merit, quali cations, and business needs. We encourage all quali ed individuals to apply and seek employment with us.

2.

Prohibited Conduct: Discrimination or harassment of any kind is strictly prohibited. This includes, but is not limited to: ◦ ◦ ◦ ◦

Protected Characteristics: Discrimination or harassment on the basis of the following characteristics is prohibited: ◦ ◦ ◦ ◦

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Race Color Religion Sex (including pregnancy, childbirth, or related medical conditions) National origin Age

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Unwelcome remarks, gestures, or physical contact.

Display or distribution of derogatory or discriminatory images, materials, or content.

Use of company resources to send o ensive or discriminatory messages.

Any conduct that creates an intimidating, hostile, or o ensive work environment.

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Disability Genetic information Marital status Sexual orientation Gender identity or expression Any other characteristic protected by federal, state, or local laws.

Complaint Procedure: Any employee who believes they have been subjected to discrimination or harassment should report the incident immediately to their supervisor, manager, or the Human Resources department. Complaints can be made verbally or in writing. A complaint form is available for written submissions.

5.

Investigation: All complaints of discrimination or harassment will be taken seriously and investigated promptly and thoroughly. Investigations will be conducted in a con dential manner to the extent possible. All parties involved will be treated with respect and due process.

6.

Non-Retaliation: Retaliation against an individual for reporting discrimination or harassment, or for participating in an investigation, is strictly prohibited.

Any employee who engages in retaliation will be subject to disciplinary action, up to and including termination.

7.

Corrective Action: If a complaint of discrimination or harassment is substantiated, appropriate corrective action will be taken. This may include disciplinary measures, training, counseling, or other actions necessary to address and prevent further incidents.

8.

Training and Education: Ma-Yi Theater Company is committed to providing ongoing education and training to all employees regarding their rights and

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responsibilities under this policy. Training will include information on recognizing and preventing discrimination and harassment, as well as the procedures for reporting and addressing complaints.

9.

Accommodations: Ma-Yi Theater Company will provide reasonable accommodations to quali ed employees with disabilities, as well as those with needs related to religious observances, unless doing so would cause undue hardship to the company.

10. Policy Distribution: This policy will be distributed to all employees and included in the employee handbook. It will also be posted in prominent locations throughout the workplace and provided to new employees upon hiring.

Legal Compliance Ma-Yi Theater Company’s anti-discrimination policy complies with federal, state, and local laws, including but not limited to:

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Title VII of the Civil Rights Act of 1964: Prohibits employment discrimination based on race, color, religion, sex, and national origin.

Americans with Disabilities Act (ADA): Prohibits discrimination against individuals with disabilities.

Age Discrimination in Employment Act (ADEA): Prohibits age discrimination against employees 40 years of age or older.

Genetic Information Nondiscrimination Act (GINA): Prohibits discrimination based on genetic information.

New York State Human Rights Law (NYSHRL): Prohibits discrimination based on various protected characteristics, including sexual orientation and gender identity.

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Conclusion Ma-Yi Theater Company is dedicated to fostering a diverse, inclusive, and respectful workplace. All employees are expected to adhere to this policy and contribute to a positive work environment. Discrimination and harassment have no place at Ma-Yi Theater Company, and we are committed to taking all necessary steps to prevent and address any such behavior.

For any questions or additional information regarding this policy, please contact the Human Resources department.