Sexual assault is a prevalent issue across the globe, but some people are more prone to sexual assault than others. Sexual Assault in the music industry is a growing problem for all musicians.
Data on Sexual Assault in the Music Industry
- The musicians union represents more than 300,000 musicians working across the industry and discovered that 85% of sexual assault victims did not report the harassment.
- Nearly two-thirds of all performing musicians consider themselves vulnerable to sexual assault, because of their status as freelance workers and not permanent employees. 90% of Musician Unions members work as freelancers.
- When surveying five thousand freelance musicians, one in five had procedures dealing with sexual harassment within their contracts. Researchers claim that these numbers result from the culture that exists in the music industry.
- 55% of survey respondents claim workplace culture as the primary reason for not reporting the sexual harassment.
- 41% stated they feared losing work if they reported the sexual harassment.
- 33% claimed they believed no one would take their sexual assault allegation seriously.
- A US survey conducted in 2018 by the Music Industry Research Association found that 72% of female artists had been subjected to discrimination due to their gender.
- Nearly two-thirds of those surveyed claim to have been sexually harassed.
Furthermore, the Musicians Union is pushing the federal government to add more safeguards for freelancers in the 2010 Equality Act.
What is Sexual Harassment?
Under the EEOC, sexual harassment is defined as verbal or physical conduct that is sexual in nature that explicitly or implicitly affects an employee’s work performance or environment. Workplace sexual harassment can include unwelcome sexual advances or requests for sexual favors, known as quid pro quo. Sexual harassment in the workplace is a form of sex discrimination under Title VII of the Civil Rights Act 1964. The federal agency responsible for dealing with sexual assault in the workplace is the EEOC.
Sexual Harassment Protection Limitations for Freelancer Musicians
Music industry employees, especially freelancers, are more prone to sexual harassment due to the lack of protections guaranteed by the EEOC. The EEOC explains that if an employer has 15 to 19 employees they are protected by laws that prohibit discrimination based on race, religion, or sex.
Independent contractors and freelancers may face difficulty pursuing legal action against fellow workers because they are not direct employees of a business or company. The EEOC may not take an employee’s harassment case if their employer does not have 15 or more employees.
A lack of EEOC involvement contributes to the growing epidemic of sexual harassment in the music industry.
Related: How to Report Sexual Assault in California
Potential California Sexual Harassment Protections for Musicians
California protections have been expanded to independent contractors, freelancers, interns, and volunteers. On January 1st, 2015 California became the third state to expand protections to a new class of employees: unpaid interns, independent contractors, and volunteers.
Many musicians work as interns, unpaid volunteers, and freelancers. If a victim is unable to attain federal legal action, California laws may be a viable alternative for legal protections.
Further legal recourse in California may be provided under AB-9 and SB-778. AB-9 extends the filing period for reports of discriminatory employment practices from 1 year to 3 years. SB-778 sets out new sexual harassment training requirements for employers who have five or more employees.
Another legal resource to utilize may be the protections provided by the Fair Employment and Housing Act (FEHA) established in 1959. FEHA provides protection against retaliation, discrimination, and harassment for all protected categories, including sex and gender.
It is important to note that musicians working outside of California do not have access to these protections and should search for legal protections provided by their own state.
Related: How to File a Sexual Harassment Complaint in California
FAQS
Is sexual assault in the music industry declining or growing annually?
Sexual assault is a growing issue within the music industry. In 2019, nearly 50% of music union members reported being sexually harassed revealing the severity of this situation.
Is the EEOC a reliable legal resource if I am a musician?
The EEOC may be at your disposal if your employer has more than 15 employees. If not, turn to state protections in order to build your case.
What if I don’t work in the music industry?
Her Lawyer has many legal articles on sexual harassment in and out of the workplace. Check out our Legal Info page or search for a topic.
Contact Us
If you or a loved one has experienced sexual assault in the music industry, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our Workplace Sexual Harassment Attorneys in California today!