Hostile Work Environments in Creative Industries: Legal Options Explained

Creative careers should be fulfilling and fun.

Creative careers shouldn’t make you afraid to go to work.

But for far too many workers in film, advertising, gaming, publishing, and other creative industries… That’s exactly what it feels like.

Sexual harassment. Discrimination. Abusive work environments.

They’re all too common across the creative fields.

And the frustrating part is…

Lots of creatives don’t even know they have legal options. Options that can stop the harassment and pay discrimination. Options that can help workers finally feel safe at their jobs again.

So today we’re talking about hostile work environments in creative industries.

Let’s jump in!

What Is a Hostile Work Environment?

Before we get into protections and legal strategies, let’s define what a hostile work environment actually is.

A hostile work environment exists when behavior in the workplace becomes so severe or pervasive that it affects an employee’s ability to do their job.

To be clear, this doesn’t mean your job is stressful, or you have an “obnoxious” boss.

It means you face workplace behavior that’s severe, repeated, or both.

Creative industries have a hostile workplace problem.

A recent Bectu survey found that 92% of workers have experienced or witnessed bullying or harassment based on sex or gender at work.

Yes, you read that right. Ninety-two percent of UK creatives have dealt with harassment or bullying in their workplace.

Sexual harassment is only one form of discrimination workers can encounter.

If you’re facing discrimination at work based on race, religion, sex (including pregnancy), sexual orientation, or national origin, you can file a complaint with the Equal Employment Opportunity Commission (EEOC).

An Equal Pay Act lawyer can help workers learn about their rights surrounding pay discrimination. If you believe you’ve been the victim of discrimination on the bases above, you may want to reach out to a North Carolina EEOC Lawyer to learn more about the federal complaint process and what your best legal options may be.

Creative industries are different from corporate office jobs in a few ways.

First, the industries are predominately project-based. Once a project is over, someone could lose their job.

Many workers fear that reporting a problem will blacklist them from working in the industry again.

Second, these jobs are typically “passion” driven. Employers know you have a deep passion for your craft and can use that to excuse bad behavior.

Sexual harassment. Discrimination. Unpaid overtime.

Sound toxic? You’d be right.

Federal Protections for Creative Workers Against Harassment

So we know there are serious hostile workplace environment problems in the creative industries.

But what can workers actually do about it? If you’ve been dealt unfair treatment at work what are your legal options?

Federal law prohibits workplace harassment and discrimination on the bases of race, color, religion, sex (including pregnancy), national origin, sexual orientation, or gender identity.

Three laws provide these protections:

• Title VII of the Civil Rights Act of 1964

• The Equal Pay Act of 1963

• The Americans with Disabilities Act of 1990

Please note that many states have additional laws that protect employees from harassment and discrimination. Be sure to check your state’s law if you work in one of these states.

The Equal Employment Opportunity Commission (EEOC) enforces these laws. They investigate discrimination complaints based on the above categories.

The EEOC received over 88,000 charges of discrimination in FY 2024.

That’s 9% more complaints than they received last year!

Toxic work environments are still far too common. However, workers are speaking out more often than ever before which is a positive sign.

Retaliation claims were the most common of all charges filed with the EEOC last year.

Retaliation against workers who file discrimination complaints is illegal under federal law. Fear of retaliation is why many workers who experience harassment or discrimination don’t report it.

If you’ve been subjected to illegal treatment at work you have legal options.

Document Everything

If you believe you’ve been discriminated against at work, start documenting now. Even if you don’t think you can prove it.

You’d be surprised what amounts to enough evidence when you have a trained attorney reviewing your case.

So how do you document workplace harassment and discrimination?

Start by writing down incidents as they happen.

Note the date, time, location, who was there. Even small details can help your case later.

Emails, texts, and other communications can be helpful, so save them.

If you receive performance reviews or any pay information, hang onto those as well.

If you get pushed around from a higher up, or your job duties are decreased compared to others in the company – write that down.

The more documentation you have, the better.

You should always try to report harassment or discrimination internally when possible.

Most companies have an HR department and/or reporting procedures.

Filing a complaint with HR internally creates a paper trail and allows your employer to fix the issue.

Unfortunately, internal reporting doesn’t always work.

Companies sometimes ignore complaints. In some cases, companies retaliate against workers for reporting harassment.

Know When to Call a Lawyer

Knowing when to contact an attorney can save you money, time, and a lot of headaches.

If you’ve made an internal complaint and nothing was done…

If you reported harassment and it continues to happen.

If you face retaliation for filing a complaint.

If you notice major pay discrepancies between you and someone else doing the same job.

If you were fired soon after reporting harassment.

These are just a few examples of times it may be a good idea to speak with an attorney.

An employment lawyer will be able to assess whether the conduct you faced at work is enough to file a claim for hostile work environment.

They can also walk you through the process of filing a charge of discrimination with the EEOC and explain your best legal options.

Be mindful of deadlines.

Typically, workers only have 180 or 300 days to file a federal discrimination charge depending on state law. After that window passes, you lose your ability to file a claim.

Many employment attorneys offer free consultations so there’s no risk in scheduling a call to learn about your rights.

Taking a Stand Against Hostile Workplaces in Creative Industries

We shouldn’t have to tolerate hostile work environments in any job industry.

But there are some distinct differences in creative fields when it comes to reporting harassment.

Networking is huge. Many workers are worried about being blacklisted in their industry if they file a complaint.

Project-based work and freelancing is common. Workers may fear they’ll never be hired again if they make a complaint.

The good news is, none of that matters from a legal standpoint.

The same laws that protect office workers apply to creative industries.

Learn your rights. Document everything.

If you’ve been subject to harassment at work, reach out to an attorney to learn about your legal options.

File a complaint with the EEOC if necessary.

Don’t tolerate harassing work environments. We can all play a role in making our workplaces better.

Conclusion

Hostile work environments have no place in creative industries.

Unfortunately, they’re much more common than we’d like to believe.

Sexual assault, discrimination, and harassment happen every day to thousands of workers.

But they don’t have to.

There are laws to protect workers from harassment. And workers are slowly but surely coming forward to report illegal behavior.

Here’s a quick recap:

• A hostile work environment is created when behavior at a job becomes severe or pervasive enough to affect your ability to work.

• Creative workers are protected from harassment and discrimination by federal law.

• Document everything. If you think you’ve been harassed at work, start writing things down.

• If you’ve exhausted internal reporting options or face major harassment at work, it may be time to speak with a lawyer.

You have options, and you shouldn’t have to tolerate harassment in the workplace.