Classical Musicians Guide to Knowing Your Rights!
- Katie A. Berglof
- Apr 28
- 18 min read
Updated: May 14
An Empowerment Guide for Freelancers, Students, Union Members & Professors
Whether you're a freelance artist, orchestral musician, conservatory student, or professor, it's essential to know your legal rights, your protections, and how to take action when lines are crossed.
SECTION ONE: Know Your Rights by Role
The first part of this guide breaks down your rights based on your role — including protections against discrimination, harassment, and retaliation.
I. Freelance Musicians & Festival Performers
Freelancers are often the most vulnerable due to lack of institutional oversight, inconsistent contracts, and fear of blacklisting. But you still have rights.
Your Rights:
Protection from Sexual Harassment and Discrimination: Even without a formal employer, festivals, presenters, and contracting organizations cannot harass, retaliate, or discriminate against you under federal civil rights laws.
Independent Contractor Protections: State-Level Civil Rights Protections — States like CA, NY, and WA extend additional rights to independent contractors under state laws. These include rights to a discrimination-free and safe work environment.
Right to Fair Pay and Contractual Clarity: If a festival or contractor withholds pay or alters conditions without consent, you may have grounds for a wage theft or breach of contract complaint.
Who Can Help:
EEOC (Equal Employment Opportunity Commission): for workplace harassment and discrimination.
State Human Rights or Labor Agencies: many now protect freelancers.
Musician Unions (e.g. AFM): Even if you're not a member, they often advise on freelance rights.
Volunteer Lawyers for the Arts (VLA): VLA organizations across the country provide pro bono legal assistance to artists. For instance, the New York-based VLA connects artists with attorneys to address urgent legal issues, including contract disputes and non-payment.
II. Professional Musicians (Unionized – e.g., Orchestra Members)
If you’re a full-time or contracted member of a symphony orchestra, ballet, opera company, or other AFM unionized workplace, you have contractual rights protected by your union, as well as federal and state law.
Your Rights:
Protected by Collective Bargaining Agreement (CBA): You are covered by a legally binding contract that outlines pay, hours, conditions, discipline procedures, and due process rights.
Right to File a Grievance: If management violates your contract, retaliates, or ignores harassment complaints, your union must advocate for you. You also have the right to independent legal support. Further details and information on filing a grievance while under CBA can be found farther below in this guide under "SECTION THREE: Where to Report Misconduct."
Right to a Safe, Discrimination-Free Workplace: You're protected under Title VII (civil rights), ADA (disability), and OSHA (workplace safety), and union leadership must act if safety or rights are being violated.
Right to File with External Agencies if Union Fails to Act: If your union refuses to support you, you still have the right to report misconduct to the NLRB, EEOC, or state civil rights boards.
Who Can Help:
American Federation of Musicians (AFM) Local Office / ICSOM / ROPA
International Federation of Musicians (FIM)
National Labor Relations Board (NLRB)
EEOC / State Division of Human Rights / Civil Rights Division
Independent Labor or Employment Lawyer
III. Music Students at Conservatories or Universities
Students face unequal power dynamics, often silenced by institutions protecting their reputation. But you have federal rights under Title IX, as well as state and institutional policies.
Your Rights:
Title IX Protection Against Sexual Harassment, Discrimination, and Retaliation: Your school must investigate complaints against faculty, staff, or students and cannot legally retaliate against you.
Right to Academic Access and Accommodations: You cannot be denied fair access to classes, performance opportunities, or transcripts for filing a complaint.
Right to File Outside the School: If the school covers up or mishandles your case, you can file with:
The U.S. Dept. of Education – Office for Civil Rights (OCR)
A Civil Rights Attorney, Student Defense Attorney/Student Rights Lawyer
FERPA Rights: You control who sees your education records, and institutions can't withhold transcripts as punishment.
Who Can Help:
Helping Survivors – focused on university sexual abuse cases
Legal Aid Clinics or ACLU Student Rights Teams
IV. Professors or Faculty at Music Schools & Universities
Professors can face retaliation for speaking out about misconduct, discrimination, or administrative abuses. You also have rights as employees and scholars.
Your Rights:
Protection Under Title VII and State Discrimination Laws: You cannot be fired, demoted, or harassed based on race, gender, disability, religion, or reporting misconduct.
Academic Freedom & Whistleblower Rights: Protected speech, especially around ethical concerns may be covered by faculty policy, union agreements, and whistleblower laws (state-specific).
Retaliation Protections: If you face retaliation for supporting a student complainant, reporting abuse, or resisting administrative cover-ups, you can file with...
EEOC or your State DHR
Faculty Union Grievance Process
Higher Education Legal Defense Groups
Who Can Help:
American Association of University Professors (AAUP)
Faculty Union / Legal Defense Fund
State Whistleblower Protections Offices EEOC
Legal Aid Clinics affiliated with universities
Additional Protections All Musicians Should Know...
Harassment Isn’t Just Sexual: Abuse of power such as exploitation, discrimination, bullying, and retaliation are all forms of misconduct that deserve attention and support. Copyright and Recording Rights: You own your performances unless signed otherwise. Get contracts in writing.
Medical & Mental Health Privacy: Under HIPAA and FERPA, your records are private unless you authorize disclosure.
SLAPP Protections: If someone tries to sue you to silence your speaking out, many states have anti-SLAPP laws to protect your freedom of speech.
(Click to Expand) More Information on Retaliatory Lawsuits (SLAPPs):
What are SLAPP Lawsuits?: Strategic Lawsuits Against Public Participation (SLAPPs) aim to intimidate, silence, and financially drain those who speak out about misconduct. They typically allege defamation, emotional distress, or breach of contract. The goal is to punish free speech about harassment, discrimination, or unsafe conditions — even if the lawsuit is likely to lose.
Anti-SLAPP Motions: A special legal motion available in some states. Can dismiss frivolous lawsuits early in the process. If granted: The lawsuit is dismissed quickly. You may recover your legal fees and court costs. It stops abusive litigation tactics.
Deadlines to File Anti-SLAPP Motions: Must usually be filed early — immediately after being served. Missing the deadline means losing the ability to use anti-SLAPP protections. Consult an anti-SLAPP attorney immediately if you even suspect you are being threatened with a lawsuit.
General State Deadlines:
California: 60 days
Texas: 60 days
New York: Depends (usually with initial motion to dismiss)
Washington: 60 days
Massachusetts: 60 days
Do You Have to Wait to Be Sued?
Yes: You can only file an anti-SLAPP motion after being officially sued.
No: You should still prepare early if you receive: A cease and desist letter, or a legal threat letter.
Actions to take immediately: Document and save all letters, emails, or threats. Consult a defamation defense or anti-SLAPP attorney. Understand that many threat letters are intended to scare you and never result in real lawsuits.
If Your State Doesn't Have an Anti-SLAPP Law: You can still raise First Amendment free speech defenses inside the lawsuit. Some federal courts may apply anti-SLAPP laws from states if the case is filed federally. Public pressure, media attention, and countersuits (for abuse of process) are alternative but riskier strategies. Federal anti-SLAPP legislation has been proposed but not yet passed. Check your state: State Anti-SLAPP Law Scorecard
Smart Steps to Take Right Now (Even If Not Sued Yet): Avoid making false statements: Speak honestly and in good faith. Save documentation: Record misconduct details, emails, texts, and witness information contemporaneously. Consult a lawyer early: Get legal advice before public allegations if possible. Understand defamation basics: Truth and opinion are powerful legal defenses. Prepare a crisis plan: Have a strategy for legal, media, and emotional support if you are targeted.
Quick Anti-SLAPP Checklist: Know your state’s deadline for filing an anti-SLAPP motion. Never ignore a lawsuit or threat — act immediately. Save all communication: emails, letters, contracts, articles, texts. Consult an attorney familiar with anti-SLAPP law early. Speak carefully: Public concern speech is often legally protected.
Need Help Finding an Anti-SLAPP Lawyer:
First Amendment Coalition: Legal resources and referrals.
Reporters Committee for Freedom of the Press: Support for whistleblowers and speech retaliation defense.
State Bar Association Referral Services: Request a defamation or anti-SLAPP specialist.
You don’t have to be silent to be safe. Document everything — emails, texts, missed payments, verbal threats, performance reviews. You have power, even when systems fail. There are people and legal frameworks that can fight with you.
SECTION TWO: Knowing Your Institutions Policies
I. Common policies within music organizations and educational institutions that are relevant when reporting misconduct:
Before filing any grievance, make sure you have the most updated copy of your institutions policies (including any copies you may have signed in the past if possible). Read through them thoroughly:
Anti-Harassment Policy: Defines harassment, outlines reporting processes, and sets disciplinary measures.
Non-Discrimination Policy: Prohibits discriminatory practices and details remedies for violations.
Title IX Policy (for educational institutions): Protects students and staff from gender-based harassment and establishes investigative protocols.
Whistleblower Policy: Describes protections for those reporting misconduct or organizational wrongdoing.
Code of Conduct/Ethics Policy: Details expectations for professional behavior, often encompassing anti-bullying and anti-retaliation clauses.
II. How to Request Policy Information
Employee Handbooks: Ask the human resources department for a copy of the institution’s most up-to-date handbook, which should include policies related to misconduct, reporting, and confidentiality.
Union Contracts: Unionized musicians can request their collective bargaining agreement from the union representative.
Title IX Office: For students or staff at educational institutions, the Title IX office is required to provide information on relevant protections.
Management or Legal Teams: In orchestras or professional organizations, management or legal counsel may provide current documents upon request.
SECTION THREE: Where to Report Misconduct
I. Internal Reporting (Only If Safe to Do So)
The classical music world has long upheld a culture of fear and silence, particularly in elite institutions where a single accusation can be career-ending—for both the accused and the accuser. Power dynamics between teachers and students, conductors and musicians, or festival administrators and performers create an environment ripe for exploitation.
Historically, orchestras and schools have shielded high-profile abusers rather than protecting victims; settled cases quietly while allowing perpetrators to continue working; and discouraged whistleblowing through implicit threats of blacklisting.
Avoid relying on institutional channels for emotional support. Independent advocates, such as unions, legal advisors, or external counselors can provide objective feedback, referrals, and keep things confidential.
If your school, orchestra, or festival has a Title IX, HR representative, or Union Rep you can report misconduct internally through those channels, however, be mindful that not all institutions handle complaints ethically. Be highly cautious of signing any agreement that limits the ability to speak about experiences publicly. Consulting legal professionals or advocates can ensure you do not unwittingly sign away your right to justice.
(Click to Expand) If I am a musician covered by a union contract, can I still consult a lawyer, advocacy group, or file a charge with the National Labor Relations Board (NLRB) before filing a grievance with my union?
Yes, musicians covered by a union contract (under a Collective Bargaining Agreement, or CBA) can still consult a lawyer or advocacy group, and in certain situations, file a charge with the National Labor Relations Board (NLRB). However, the process and options available depend on the nature of the issue and the terms of the CBA.
Consulting a Lawyer or Advocacy Group: Unionized musicians have the right to seek independent legal advice or support from advocacy groups at any time. This is especially important when dealing with sensitive issues like harassment, discrimination, or misconduct. Legal counsel can help you understand your rights, assess whether your situation involves a contractual grievance, an unfair labor practice (ULP), or a civil rights violation, and guide you on the appropriate course of action.
Filing a Charge with the NLRB: If your concern involves an unfair labor practice—such as retaliation for protected activity, coercion, or a union's failure to represent you fairly—you may file a charge directly with the NLRB. Under the National Labor Relations Act (NLRA), "any person" (excluding NLRB employees) may file a charge, and it must be filed within six months of the alleged violation.
However, if the issue could also be addressed through the grievance and arbitration procedures outlined in your CBA, the NLRB may defer action until those procedures are exhausted. In such cases, the NLRB holds the charge in abeyance while the parties resolve the dispute through arbitration.
Duty of Fair Representation: If you believe your union has acted arbitrarily, discriminatorily, or in bad faith—such as by refusing to file a grievance on your behalf—you may have grounds to file a duty of fair representation claim. These claims can be brought before the NLRB or in federal court. The NLRB recognizes breaches of this duty as violations of the NLRA.
Arbitration Requirements in CBAs: Some CBAs include clauses that require arbitration for specific claims, including statutory rights like discrimination claims. In the case of 14 Penn Plaza LLC v. Pyett, the U.S. Supreme Court held that if a CBA clearly and unmistakably mandates arbitration for certain statutory claims, employees must arbitrate those claims and cannot pursue them in court.
Therefore, it's crucial to review your CBA to understand any arbitration requirements and consult with legal counsel to determine the best course of action for your specific situation.
To put it short, while unionized musicians have avenues to address misconduct, including consulting legal professionals and filing charges with the NLRB, the specific procedures and requirements depend on the nature of the issue and the terms of the CBA. Independent legal advice can help navigate these complexities and ensure your rights are protected.
Also, please read this article by the International Conference of Symphony and Opera Musicians (ICSOM) called: Who gets to file a grievance?
(Click to Expand) What if Both Parties Are Represented by the Same Union (e.g., Sexual Misconduct Grievances Under a CBA)?
(Click to Expand) Before reporting something internally, research the following:
Whether the institution has a history of mishandling cases.
If other musicians have come forward and what their experiences were.
What the institution’s formal process entails and potential risks. (Is their grievance policy and procedures transparent in the steps that will be taken?)
Find out if they have an anonymous reporting phone line or mechanism.
Find out if investigations are conducted by a third party when the grievance is between musicians who are represented/protected by the same union.
An anonymous reporting phone line or mechanism can be a valuable tool if the institution has one, but musicians should treat it as one piece of a broader strategy—not a guarantee of justice. If you fear retaliation, institutional complicity, or gaslighting, it’s often best to combine anonymous reporting with documentation, outside legal advice, and external accountability structures to protect yourself fully.
(Click to Expand) Signs of Institutional Neglect & Manipulation:
Again, If reporting internally feels unsafe, consult a lawyer or advocacy group first to explore alternative options.
II. External Reporting (Preferred Method)
Government & State Agencies
Agency | Use If | Covers | Why Important to Musicians |
Office for Civil Rights (OCR) About: Federal Agency. Part of the U.S. Department of Education Filing Deadline: Typically within 180 days of the incident | Students and faculty at federally funded institutions | Title IX violations, discrimination, retaliation, denial of education access Federal agencies enforce national protections (Title IX, Title VII, ADA, labor rights) and have broad jurisdiction | Protects students/faculty from harassment, retaliation, and unfair academic treatment (e.g., transcript withholding). |
Equal Employment Opportunity Commission (EEOC) About: Independent federal agency enforcing civil rights in employment Filing Deadline: Typically within 180–300 days depending on state | Workers and freelancers facing discrimination | Workplace harassment, discrimination based on protected classes, retaliation Federal agencies enforce national protections (Title IX, Title VII, ADA, labor rights) and have broad jurisdiction | Protects freelancers and professional musicians from workplace bias and retaliation |
DOJ – Civil Rights Division About: Federal Agency. Major enforcement arm for civil rights protections, including ADA, hate crimes, systemic abuses. Filing Deadline: No strict individual filing deadline — DOJ often pursues systemic cases; individual referrals typically ASAP | Individuals facing systemic civil rights abuses, ADA violations, or discrimination at public venues | Disability discrimination, public accommodations issues, hate crimes, systemic civil rights violations Federal agencies enforce national protections (Title IX, Title VII, ADA, labor rights) and have broad jurisdiction | Protects disabled musicians, performers at public venues facing discrimination, and addresses hate crimes targeting musicians or audiences |
National Labor Relations Board (NLRB) About: Independent federal agency enforcing labor law and union protections Filing Deadline: Generally within 6 months (180 days) of the unfair labor practice | Unionized musicians and groups engaged in collective bargaining | Union retaliation, interference with protected concerted activity Federal agencies enforce national protections (Title IX, Title VII, ADA, labor rights) and have broad jurisdiction | Protects unionized musicians (e.g., orchestra players) raising workplace concerns |
State Division of Human Rights About: State Agency. Varies by state; handles civil rights issues under state laws Filing Deadline: Varies by state (typically 180–365 days from the incident) | State residents facing discrimination/harassment | Discrimination and harassment under state-specific laws State Agencies often act faster, and some states offer even stronger protections than federal law (for freelancers, independent contractors, etc.) | Often faster and stronger protections than federal laws; covers freelancers and independent contractors |
State Attorney General (AG) About: State Agency. Chief legal office for each U.S. state; enforces civil rights, consumer rights Filing Deadline: No strict deadline, but earlier is better (depends on type of complaint) | Citizens whose civil, consumer, or human rights have been violated | Institutional retaliation, consumer fraud, civil rights abuses State Agencies often act faster, and some states offer even stronger protections than federal law (for freelancers, independent contractors, etc.) | Investigates schools, festivals, or employers for retaliation, unfair practices, or civil rights abuses |
Cyber Civil Rights Initiative (CCRI) About: Private National Nonprofit Organization, not a government agency Filing Deadline: No legal filing deadline — case-specific advocacy and referrals | Individuals facing online harassment or cyberstalking | Online harassment, doxxing, nonconsensual online abuse Nonprofits like CCRI step in where government agencies might be slower or lack specific expertise | Protects musicians and whistleblowers who are harassed or threatened online after reporting misconduct |
Example Scenarios
Scenario | Best Agency |
Student faces sexual harassment by professor and retaliation by conservatory | Office for Civil Rights (Dept of Ed) + State Division of Human Rights (DHR) |
Music student targeted online after calling out professor | Cyber Civil Rights Initiative (CCRI) + State Office of the Attorney General (AGs) |
Tenured professor retaliates against student whistleblower | Office of Civil Rights or State Division of Human Rights |
Music school ignores reported misconduct by guest artist | Office of Civil Rights + State Division of Human Rights |
Conservatory withholds transcript after public statement about abuse | Office of Civil Rights + Legal Aid + State Office of the Attorney General |
Festival fires musician for reporting unsafe conditions | Equal Employment Opportunity Commission (EEOC) |
Freelance orchestral musician denied work after reporting harassment | EEOC or DHR |
Festival removes musician after speaking out on safety | EEOC or DHR |
Unionized orchestra retaliates against member for filing internal complaint | National Labor Relations Board (NLRB) |
Faculty member of color passed over for promotion at university | EEOC or DHR |
Disabled musician denied accommodations at music venue | Department of Justice (DOJ) Disability Rights Section |
Online harassment of whistleblower |
SECTION FOUR: Legal & Crisis Support for Survivors
I. Legal Support Services
Victim Rights Law Center (VRLC): Legal help with privacy, housing, education, and safety.
Volunteer Lawyers for the Arts (VLA) — VLA organizations across the country provide pro bono legal assistance to artists. For instance, the New York-based VLA connects artists with attorneys to address urgent legal issues, including contract disputes and non-payment.
Washington Lawyers for the Arts (WLA): If you're in Washington State, WLA offers legal services to artists, including 30-minute consultations with lawyers specializing in arts and entertainment law. They also provide workshops and attorney referral services.
American Civil Liberties Union (ACLU) – Provides legal support for civil rights violations, including sexual harassment and racial discrimination cases.
FIRE (Foundation for Individual Rights in Education) – Specializes in defending free speech/1st Amendment Rights and due process rights for students.
ARTS Emergency / Artists at Risk Connection: Emergency aid and protection for artists, musicians, and creatives who face censorship, harassment, or persecution, globally and in the U.S.
Time’s Up Legal Defense Fund: Workplace harassment aid and attorney matching.
Courage Over Silence Defense Fund: Legal aid for classical musicians retaliated against after speaking out.
Equal Rights Advocates (ERA): Legal clinics, Title IX, and strategic litigation.
RAINN Legal Resources: Legal education and referrals.
Helping Survivors: Empowering survivors of sexual assault, abuse, and harassment to understand their rights and access the resources they need such as legal support.
National Women’s Law Center (NWLC) – Specializes in helping individuals facing discrimination and harassment, with a focus on gender-related issues.
II. Mental Health & Trauma Support
RAINN Hotline: 1-800-656-HOPE — Confidential support for sexual assault survivors.
National Domestic Violence Hotline – Can offer guidance to musicians who may be experiencing abuse within institutional or personal power dynamics.
Performing Arts Medicine Association (PAMA) – Offers health and mental health support tailored to performers.
The Trevor Project: LGBTQ+ youth crisis support.
StrongHearts Helpline: Native survivor advocacy.
III. Advocacy Resources
Futures Without Violence: Workplace and trauma resources.
Know Your IX: Legal guides and student organizing tools.
EROC: Direct student survivor support and policy pressure.
FORGE: Advocacy and resources for transgender survivors of violence.
Maestra: provides Support, Visibility, and Community to the women and nonbinary people who make the music in the musical theater industry.
Upcoming Relevant Guides:
"Protecting Yourself from Retaliation & Legal Tactics After Filing a Grievance: A Field Guide for Classical Musicians"
"Recognizing Exploitation of Music Students in Higher Education" "A Guide on Developing Transparent Grievance Policies and Procedures for Classical Musicians & Administrators"
(c) Katie A. Berglof, 2025 (See: Legal Disclaimer)
