What Counts as Workplace Misconduct on Production?
Why Clarity Around Misconduct Matters
On a film or television set, the lines between personal and professional often blur. With long hours, high stakes, and creative tension, workplace culture can sometimes foster behaviors that are harmful, even abusive. Yet, what actually counts as workplace misconduct is still unclear to many in the entertainment industry. Understanding what crosses the line regarding employee misconduct isn’t just about avoiding legal trouble—it’s about ensuring every cast and crew member feels safe, respected, and empowered.
Defining Workplace Misconduct in Film & Television
Workplace misconduct includes any inappropriate, abusive, or unethical behavior or workplace behavior that undermines the safety, dignity, or rights of others, as outlined in the company policy . In entertainment, this can range from overt harassment to more subtle acts of exclusion or manipulation. While some behaviors are illegal (e.g., sexual harassment), others may violate union rules, employment contracts, or employment agreements, or standards, even if they don’t break the law. Film and TV settings often lack the formal HR systems of corporate environments, making clear definitions and protections even more critical. Workplace behavior standards should be clearly defined and communicated to all cast and crew to ensure everyone understands expectations. Clearly outlining workplace norms and workplace rules helps set expectations, prevent misconduct, and ensure accountability.
Definitions and examples of misconduct should be clearly outlined in your production's conduct policy. General misconduct refers to minor, unintentional workplace behaviors that are undesirable but typically do not warrant immediate dismissal, while gross or serious misconduct involves more severe violations. It is important to have a clear understanding of misconduct in the workplace, including the different types and their implications, to ensure proper handling and prevention. Proper documentation and investigation of any misconduct offense are essential to ensure fairness and compliance. Following established disciplinary procedures is crucial to maintain workplace discipline and meet legal requirements.
Common Types of Misconduct, Including Sexual Harassment, Seen on Set
Discrimination or harassment based on sexual orientation, as well as workplace bullying, is strictly prohibited and must be addressed to maintain an inclusive environment.
Sexual Harassment and Coercion: Unwanted advances, suggestive comments, or conditional opportunities tied to intimacy.
Verbal Abuse and Intimidation: Yelling, belittling, name-calling, or using threats to manipulate team members.
Physical Threats or Unwanted Touching: Aggressive gestures or inappropriate physical contact.
Discrimination: Biased treatment based on race, gender, sexual orientation, sexuality, disability, or age. Unchecked discrimination or harassment can contribute to a hostile work environment, which negatively impacts morale and may have legal consequences.
Workplace Violence: Acts of physical aggression, threats, or other violent behavior in the workplace are considered gross misconduct and can result in immediate termination to ensure workplace safety.
Retaliation for Speaking Up: Penalizing someone for reporting or resisting misconduct. Retaliation for reporting a serious offense, such as theft or workplace violence, is itself a serious violation.
Inappropriate Behavior Toward Co-Workers: A co-worker making inappropriate remarks or unwanted advances toward another co-worker, which can harm relationships and team dynamics.
Serious Misconduct: Theft, violence, or fraud, which are serious misconduct offenses that often have legal implications and may result in immediate dismissal.
Real-World Scenarios: What Misconduct Looks Like in Practice
Consider a production assistant who’s routinely told to endure sexual jokes because “that’s just how the director is.” Or a female grip who’s excluded from tasks because the lead gaffer says the work is “too physical for women.” These may not always result in lawsuits—but they are toxic, damaging, and count as misconduct. Employee behavior in these situations can set the tone for the entire set and significantly impact other employees, making it essential to address such issues promptly to maintain a safe and ethical workplace. When disrespect is normalized under the guise of “creative energy” or “industry norms,” it becomes harder to speak up and easier to perpetuate harm. Another scenario: an employee engages in behavior that violates set policies, such as using company resources for personal gain. This type of employee's behavior not only constitutes a misconduct offense but also negatively affects the team and should be properly documented and investigated.
Why Some Behaviors Are Overlooked or Excused
Misconduct often goes unchecked due to rigid power dynamics. A-list actors, veteran directors, and producers wield significant control over careers. Freelancers worry that reporting abuse might cost them their next job. A pervasive culture of loyalty and silence—especially on small sets—discourages even witnesses from intervening. This culture needs to change, and it begins with acknowledging harmful behaviors. Unchecked negative behavior and misconduct among co-workers can lead to serious consequences by disrupting production, harming relationships, lowering employee morale, and damaging the production's reputation.
When and How to Document Misconduct
If you experience or witness inappropriate behavior, documentation is key. Write down what happened, when, where, and who was involved. Use anonymous tools like MyConnext.org to log incidents confidentially. This creates a time-stamped paper trail and gives you options—whether you choose to keep records private, report anonymously, or share them with a union or attorney later.
Legal Standards and Union Protections
U.S. federal and state labor laws protect workers from harassment and discrimination. In entertainment, unions like DGA, IATSE, SAG-AFTRA and WGA provide additional protection, but those outside union coverage often face gaps. Knowing your legal rights and which union resources are available can make a difference when navigating confidentiality breaches and other situations. It is crucial to report misconduct, including safety violations, and understand that there are protections for those who come forward to report such issues.
Serious offenses, such as gross misconduct, can result in immediate dismissal and may expose the company to legal action. When employees report misconduct, organizations must have clear policies, including the potential issuance of a written warning, in place to protect those who speak up from retaliation. Certain types of misconduct can also affect eligibility for unemployment benefits, making it important to understand the consequences of different misconduct offenses.
How to Address Misconduct Safely and Effectively
If you’re a bystander, speak up respectfully if it feels safe. Offer support to affected colleagues and document what you see. If your set lacks HR, consider reaching out to a production ombuds or using digital tools for anonymous reporting. Addressing misconduct in a timely manner is essential to prevent escalation and unnecessary risks. If available, human resources play a critical role in addressing workplace misconduct by implementing effective reporting mechanisms and ensuring clarity and enforcement in resolving unethical behavior.
The Role of Producers and Leadership in Preventing Misconduct
Culture starts at the top. Producers, directors, and department heads have a responsibility to establish clear codes of conduct, respond seriously to reports, and model respectful behavior. A safe set doesn’t stifle creativity, it enhances it. Building policies and accountability systems from the outset fosters trust and better storytelling.
Final Thoughts: Normalizing Respect, Accountability, and Protecting the Company's Reputation
Misconduct doesn’t have to be the price of success in entertainment. By learning what constitutes abuse, using tools like MyConnext, and holding leadership accountable, we can shift the culture on set. Addressing misconduct is essential to avoid unnecessary risks and protect the organization’s reputation. Everyone deserves to feel safe and respected at work, contributing to a respectful workplace no matter their role.