Desktopepics Entertainment By-Laws
and Zero Tolerance Standards
(effective as of January 1st, 2023)
TABLE OF CONTENTS
Employment relationships, either by casting calls, general human resources offices or as temporary contractors are presumed to be at-will unless modified by a mutually agreed contract that provides specific terms of employment or performance, such as an individual contract or collective bargaining agreement.
Desktopepics Entertainment will not tolerate harassment of any kind to any human of any race, age, gender, sexual orientation, or preference. An immediate investigation will be conducted and, after a confirmed complaint of harassment, will result in termination at any level of the company.
To be clear:
Under this policy, harassment is verbal, written, or physical conduct that denigrates or shows hostility or aversion toward an individual because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, disability, marital status, citizenship, genetic information, or any other characteristic protected by law, or that of his or her relatives, friends or associates, and that: a) has the purpose or effect of creating an intimidating, hostile or offensive work environment, b) has the purpose or effect of unreasonably interfering with an individual’s work performance or c) otherwise adversely affects an individual’s employment opportunities.
Harassing conduct includes epithets, slurs, or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes; and written or graphic material that denigrates or shows hostility or aversion toward an individual or group that is placed on walls or elsewhere on the employer’s premises or circulated in the workplace, on company time or using company equipment by e-mail, phone (including voice messages), text messages, social networking sites or other means.
Anyone caught in the investigation covering up and/or disregarding a request for a formal investigation will be terminated.
No exceptions. No golden parachutes.
Bias based on race, color, sex, (including sexual harassment and pregnancy), sexual orientation, gender identity, ethnicity or national origin, religion, age, genetic information, disability, or veteran status will not be tolerated. In order to ensure executive and managerial decisions are fair, balanced, and above-biased tendencies, the company will employ redundant measures that require internal and/or third-party advocates of the protected categories to adjudicate the validity of the decisions.
Any and all headquarters, locations, or sets owned, leased, and labeled under the banner of Desktopepics Entertainment are considered drug-free workplaces. Domestic and international. Zero tolerances for use of recreational and inappropriate use of prescription drugs in the workplace. Following an investigation, confirmed abuses of drugs in the workplace will result in immediate termination.
While the company acknowledges the use of recreational alcohol during events, parties, etc, this policy makes clear its use is expected to be in moderation and not to the level of inebriation. Coming to work drunk or high will afford the employee one (1) opportunity to go home, unpaid, and to come back no less than two, no more than seven days from the date of the offense.
A second offense will result in immediate termination.
To ensure that DesktopEpics Entertainment maintains a workplace safe and free of violence for all employees, the company prohibits the possession or use of dangerous weapons on company property.
All DesktopEpics Entertainment cast members, contractors, and employees are subject to this policy, including contract workers and temporary employees, as well as visitors and customers on company property. A license to carry a weapon does not supersede this company policy. Any employee in violation of this policy will be terminated.
“Company property” is defined as all company-owned or leased buildings and surrounding areas such as sidewalks, walkways, driveways, and parking lots under the company’s ownership or control including locations, sets, and temporary-rented filming locations. This policy applies to all company-owned or leased vehicles and all vehicles that come onto company property.
“Dangerous weapons” include firearms, explosives, knives, and other weapons that might be considered dangerous or that could cause harm. Employees are responsible for making sure that any item possessed by the employee is not prohibited by this policy.
Searches of Personal Property
DesktopEpics Entertainment reserves the right at any time and at its discretion to search all company-owned or leased vehicles, personal vehicles, containers, briefcases, purses, packages, and people entering the property, as well as lockers, desks, and other areas for the purpose of determining whether any weapon is being, or has been, brought onto the property or premises in violation of this policy. Employees who fail or refuse to promptly permit a search under this policy will be subject to discipline up to and including termination.
It is the Day One Policy and foundational core of Desktopepics Entertainment to cast stories based on ‘character’. Therefore, any human being of any culture, race, or gender can potentially play any character in production with the understanding the goal is to enhance the character to tell the story. Desktopepics Entertainment is an arthouse that paints with more than one color.
Additionally, the hiring of crew members behind the camera is selected on talent and availability. The company has zero tolerance for nepotism, cronyism, and any variation of the saying ‘we’ve always hired and done things this way.’ Following a complaint and a thorough investigation of the confirmed offending hiring practice, the employees involved will be terminated.
Sexual harassment constitutes discrimination and is illegal under federal, state, and local laws.
For the purposes of this policy, “sexual harassment” is defined, as in the Equal Employment Opportunity Commission Guidelines, as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when, for example: a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, b) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or c) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.
Title VII of the Civil Rights Act of 1964 recognizes two types of sexual harassment: a) quid pro quo and b) hostile work environment. Sexual harassment may include a range of subtle and not-so-subtle behaviors and may involve individuals of the same or different gender. Depending on the circumstances, these behaviors may include unwanted sexual advances or requests for sexual favors; sexual jokes and innuendo; verbal abuse of a sexual nature; commentary about an individual’s body, sexual prowess or sexual deficiencies; leering, whistling, or touching; insulting or obscene comments or gestures; display in the workplace of sexually suggestive objects or pictures; and other physical, verbal or visual conduct of a sexual nature.
After a formal investigation and confirmed instances of sexual harassment, the offending employee will be terminated immediately, and in appropriate cases, charged under local, state, and federal laws.
It is the policy of DesktopEpics Entertainment to provide reasonable and effective accommodations for qualified individuals with disabilities who are employees or applicants for employment, and to take all reasonable steps to ensure these individuals are offered the resources necessary to be successful and productive members of the company.
Reasonable accommodations enhance the ability of qualified individuals with disabilities to apply for jobs, perform the essential functions of the job, and enjoy equal benefits and privileges of employment.
The company’s Day One Policy and foundational core practice is to NEVER defer payments to cast, crew, contractors, and anyone involved in a work-for-hire arrangement with DesktopEpics Entertainment. All payments are paid directly after services are rendered or at scheduled pay dates or as part of an agreed contractual schedule.
Any company debts are to be settled within ninety days of the initial receipt of the debt. If it cannot be settled within ninety days, the decision to incur the debt must be challenged.