I’m a bit worried about all the “casting couch” rumours and what I’ve been seeing on social media about #metoo and the prevalence of harassment and abuse in the film and television industries. What can I do to know my rights as an actor in the workplace?

Section 7(2) of the Ontario Human Rights Code states,

“Every person who is an employee has a right to freedom from harassment in the workplace because of sex, sexual orientation, gender identity or gender expression by his or her employer or agent of the employer or by another employee.”

Moreover, Section 7(3) states,

“Every person has a right to be free from,

(a) a sexual solicitation or advance made by a person in a position to confer, grant or deny a benefit or advancement to the person where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome; or

(b) a reprisal or a threat of reprisal for the rejection of a sexual solicitation or advance where the reprisal is made or threatened by a person in a position to confer, grant or deny a benefit or advancement to the person.”

You have the unequivocal human right to not be harassed in your area of work. Thus, if you have been harassed/abused in the film/television industry (sexually or otherwise), you can retain legal counsel and bring an application to the Ontario Human Rights Tribunal. If you cannot afford legal counsel, Legal Aid or Pro Bono efforts would also be able to help you with this.

As a general rule of thumb, it’s also good to inquire with the people you might be working with if they have company policies in place, over and above the law, which deal with harassment, drug use, and so forth. This can provide additional comfort.

Many actors now also ask for “inclusion riders” on their performer deals, which are effectively short agreements stipulating that the Producer will use best efforts to ensure diversity and equity in hiring.

The Queen’s Film & TV Research Group are not lawyers, and this is not legal advice! For more information on labour and employment law, please see the Labour & Employment Law section of this site. Find out more about Queen’s Law on their website, and Pro Bono Queen’s at the PBSC Queen’s site.