How to Negotiate COVID Protections

COVID continues to disrupt our industry. If you listen closely, you can hear the whisperings of shows being cancelled due to “cast illness,” the grief of openings being postponed, and the heroic tales of six understudies performing on the same night. The good news? We each have a role to pay in preventing these disruptions. In the same way that sidewalk ramps established for wheelchair users benefit everyone, COVID protections that keep us safe and working benefit the entire industry. While it’s not the responsibility of the individual to change an entire industry, each pull of the thread makes a difference. One way to pull on that thread is to negotiate.

Learning how to negotiate is conspicuously absent from most of our training, leaving those of us brave enough to try to learn on our own. It’s expected that we rely on agents, managers, and unions to negotiate for us, but what do you do when you have an access need that the industry refuses to acknowledge? What do you do if you’re unsigned or your union doesn’t advocate for your needs? There’s a strong “don’t ask, don’t tell” air in our industry where, so long as no one admits that COVID is a problem, then no one has to deal with it. So how do you protect yourself while navigating an industry in denial?

All of this can feel like such a high stakes endeavor because we’ve been taught that having needs and asking for accommodations can make us undesirable and less likely to be hired. However, if you’re able to step back and remove strong emotions from the process, you’ll see that negotiations are just conversations between two people.

Throughout this essay, I use a lot of performance-focused language because I’m a performer. However, these suggestions apply to any gig worker in the industry. My hope is that by reading about these experiences, you’ll become more comfortable making your own requests in the future.

Auditions and Interviews

People often think negotiations can only begin once you’ve been offered a job, but they can start as early as the invitation to audition or interview. To state the obvious, if you’re disabled, you’re assisted by the Americans with Disabilities Act (ADA). So, if you have long COVID or any of the many chronic illnesses that COVID can worsen, you have a more official avenue to use (this avenue does still require conversation—you’re never automatically guaranteed accommodations). If the theatre believes they can accommodate you without “undue burden,” which typically means the theatre won’t have to spend a significant amount of money or effort meeting your accommodation, then they will provide it. Each theatre has a different set of resources and abilities, so you’ll only know if they can accommodate you if you’re willing to ask.

A starting list of COVID-focused accommodations includes: virtual interviews or auditions, video submissions for the first round of auditions or open calls, air purifiers in the interview/audition room, and everyone in the space wearing a mask. I’ve found that if a theatre has a contact email on the audition notice, they’re more likely to negotiate with you. These are the theatres inviting a conversation.

If you’re a member of Actor’s Equity Association (AEA) and auditioning for larger houses, I know it can be difficult to find an audition notice with contact information provided. It’s a significant barrier. My suggestions are to let AEA know you want contact emails added to all audition notices and to reach out to the business representative who covers the audition so they can help you contact the theatre and discuss accommodations.

You Got the Job! Now What?

Congratulations! Take a moment to soak it in! Knowing you have a bit of a slog ahead with negotiations can sap some of the joy away from the moment, but this is the good stuff—proof that the theatre wants to hire you. Let that bolster you as you begin.

To start, I recommend gathering any free or cheaper community resources, such as nearby mask blocs or air purifier lending libraries, so that you can add them to your initial negotiation email. Not only does this help prevent theatres from using their budget to deny your request, but it also provides resources that theatres may not have known about. That’s a win-win for everyone.

If you’re a performer, you’ll usually negotiate with the casting director. However, it’s also normal to negotiate with the producer, director, or even artistic director if it’s a smaller, non-union company. As soon as you get your offer letter, write them back, tell them how excited you are, and say that you’d like to tentatively accept the role. Then mention that you have some access needs that you’d like to discuss before signing your contract. It’s important to use the phrase “access needs” since it lets the theatre know that you’re discussing accessibility, not preferences. 

Below is a list of common COVID protections and suggestions on what to do if the theatre denies your request:

Air Purifiers

Request: Air purifiers with HEPA filters (equivalent or higher) placed in all working spaces and dressing rooms

If you’re feeling nervous about asking for protections, this is the one to build your confidence. Air purifiers are considered a passive item in the space, so it’s highly unlikely that anyone could argue that air purifiers are infringing on their “freedoms.” That means theatres can feel confident providing this accommodation without having to worry about lawsuits or large donors removing funding from the project. They will often have air purifiers in storage from when AEA required them a couple years ago, so the financial impact should be minimal.

If you’re lucky enough to live near an air purifier lending library, you can suggest that the theatre borrow some for the project.

If the request is denied: Take a moment to breathe. Having your access needs denied can feel cruel, unjust, and deeply personal. It’s going to feel like you need to respond immediately, but I suggest stepping away. Remind yourself that the fear you have of losing your job and the instinct to immediately reply is a trained response. It keeps you in a panicked state and makes it more difficult to think critically and see the situation clearly. Unless the email explicitly gives you a deadline, you have time. I recommend doing something like going for a walk, dancing, working out, or calling a friend to vent to give you space to feel your feelings and realign. Once you’ve done that, you’ll be in a better headspace to problem solve and advocate for yourself. If you absolutely need to respond to the theatre before you can relax, simply write them back and let them know you’ll fully respond within the next twenty-four to forty-eight hours.

Once rehearsals begin, bring in your own air purifier. Corsi-Rosenthal boxes are relatively simple to make and cheaper than most professionally made air purifiers. They also perform better than many of the more affordable units out there. Once you make it, you could leave it in the rehearsal space and move it to the dressing room once performances begin. If you don’t want to make your own, the Air Fanta 3Pro is meant to be disassembled and reassembled for travel. It’s always good protocol to let the stage manager know if you’re bringing something into the space, but don’t feel like you need to ask permission to use it.

Masks (Part One)

Request: KN95s, N95s, or higher required to be worn by everyone working on the project, including during rehearsals and backstage during performances

There are a lot of caveats to this one since it’s such a politicized protection and theatres have either been threatened with lawsuits or fear they will be. Additionally, there are some large donors who have threatened to pull funding over mask mandates in the past, so that means theatres may feel the need to accommodate donors, famous guest stars, and audiences before you.

The more power you have in the space, the sooner you’re attached to the project, or if you’re filling a highly niche role, the more likely you’ll be able to get this accommodation in full. That means producers, directors, playwrights, or guest artists will have an easier time (and hopefully use that power to advocate for the cast and crew). Otherwise, you’ll be assured that you can wear a mask whenever you like, but the theatre cannot require that masks be worn by everyone in the company.

If the request is denied: This is where you’re going to need to do some actual negotiation. A considerate company will reply with some compromises. Some examples of that might be that they cannot require masks be worn by everyone working on the project but:

• They can communicate to the cast that there is an access need and see if everyone will voluntarily meet it. (This has been the most common response I’ve received.)
• They can ask the director and/or playwright if they’re willing to join you in protections to set the tone of the room.
• They can guarantee that every full-time employee of the theatre wears a mask while in the room.

Not every theatre has experience negotiating these protections, and, honestly, not every theatre is considerate, so you may need to ask for these yourself. I encourage you to do so because you never know who’s willing to say yes! I’ve been completely shocked by how many people have voluntarily met my access needs. 

As a technical note, getting this type of partial accommodation means that masking becomes a community agreement in the room rather than a disability rider in your contract. A rider is a summary of your needs and how the theatre will meet them. When creating one, it’s always a good idea to include language like “these needs may change, or new needs may arise” to make sure you’re covered for anything that pops up during the project.

Masks (Part Two)
Request: The right to wear KN95, N95, or higher while performing

In my experience, it’s been easier to get this accommodation for readings and workshops rather than full productions. With full productions, many directors and designers feel that a performer wearing a mask will ruin the art of the play. If you do the initial labor of gathering mask brands and their available colors, they may be more amenable to meeting your need. The hope is that they’ll feel like they’re incorporating the mask into their design rather than having it imposed on them.

Sometimes theatres can resist this accommodation by saying that a mask onstage will be distracting for the audience. I suggest comparing this to when an actor fill-in uses a script onstage. At first the audience will lock in their attention (the excitement!), but within five minutes it will become completely normalized. As soon as they see that no one onstage is reacting oddly to the mask, they’ll take that as a cue to ignore it. That’s just how the human brain works.

Remember that you’re worth protecting.

If the request is denied: If you’re a disabled Equity member, you can emphasize that this is an ADA protected request and therefore, an AEA protected request and reach out to your business representative. In general, while I highly recommend that you negotiate this before signing your contract, know that this is an accommodation you can ask for at any time. If a sick cast member shows up to perform, that puts you at risk. It’s your right to ask for this accommodation right then and there. If you can, have some mask options on hand for the director or designer to choose from. Remember that you’re worth protecting. Wearing a mask will not ruin the show.

If you’re non-union, you don’t have any official protections, but you can still negotiate. There’s a reason the theatre said “no,” and usually they’re willing to tell you why if you ask. Once you know, you may be able to turn a definite-no into a problem-solving-maybe. Only you know what’s worth your time, effort, and risk. Trust your instincts.

Testing

Request: Nucleic Acid Amplification Tests (NAATs / PCRs) or Rapid Tests (RATs) required by everyone working on the project

Some theatres already have testing as part of their policy. Other theatres say they can’t legally require testing at all. Others say they can’t require testing, but they can explicitly encourage everyone to test when symptomatic. Since there’s no industry standard for theatres to reference, theatres will often follow the loudest person in the room. Typically, the loudest person in the room is the one most irritated by these accommodations, but don’t let that deter you!

There are incredibly accurate testing options out there that most theatres don’t know about. The best NAAT option available in the United States is Metrix. It’s cheaper to use when testing at the scale needed for a production, and it also produces more reliable results than rapid tests. All NAATs have accuracy rates in the high 90s, and Metrix boasts an accuracy rate of 97 percent to 99 percent. It’s so sensitive that it can catch infections before symptoms start. That means outbreaks amongst the group—and the chances of cancelling or postponing a show—decrease significantly. Conversely, people who use rapid tests can be symptomatic for four to seven days before a positive result pops up and, in the meantime, false negatives will be common.

The difference between using NAATs and RATs is, RATs: one, no wait three, oh crap five cast members got sick, and some of those cast members are understudies, so now there isn’t even a full cast available to put on the show and you need to cancel. Versus NAATs: one cast member has symptoms and tests positive, everyone in the cast tests as a precaution, maybe one more person tests positive, and one or two understudies go on. No shows need to be cancelled because you caught it in time.

At the end of the day, any test is better than no test. However, the choice and financial investment seems clear to me. Maybe some theatres would agree if you told them.

If the request is denied: You can ask the director or producer to set the tone of the project by explaining that, while they can’t require testing, they do expect everyone to test when they feel ill out of common courtesy. Maybe they can explain why testing is so important to creating a safe(r) and more accessible environment or why preventing transmission is vital to the show going on. If the director and/or producer are invested, then most people will join. The group could also discuss testing expectations as part of their community agreements. 

Masks (Part Three)

Request: Audiences are required to wear masks

Some very loud people have complained about masks and convinced theatres that they hold the majority opinion. They don’t. Mask-required performances have continued to gain popularity, and most audiences are comfortable wearing masks if the theatre provides them and explains why they’re needed. Audiences have a hard time staying mad when they’re told that wearing a mask actively protects the performers they’re watching and ensures the show continues to run. However, theatres still hesitate because they doggedly believe it’ll scare away audiences. Ask anyway! You never know if someone up top has been waiting for an excuse to pressure their bosses.

If the request is denied: I like to ask if they’d at least be willing to schedule one or two mask-required performances during the run so that my loved ones and other disabled and/or COVID-conscious people can see the show safely. I reassure the theatre that if they take a chance on this, I’ll help with outreach to local COVID-conscious communities to share these new accessible performances. I’ve had a fifty-fifty success rate with this, and it’s resulted in a lot of people seeing theatre safely who couldn’t before.

I’ll also ask theatres if they’ll intentionally provide masks—meaning there is someone actively offering masks to patrons or the masks are prominently displayed and referenced at the box office. As with other protections, I’ve had more success with this for readings and workshops.

Far-UVC

Request:Far-UVC in rehearsal and performance spaces

This can be a tricky ask because, in an ideal world, we would learn from this pandemic and far-UVC would be the norm in all performance spaces. It’s an almost foolproof way to minimize viruses, mold, and bacteria in the air without anyone having to change their behaviors. It’s also unintrusive, silent and staggeringly effective. However, it’s incredibly expensive on an individual scale.

If the request can’t be accommodated: I believe this technology is too expensive to expect individuals to provide, however, if you’re able, you can invest in personal units to bring in. There are also some air purifier libraries that have these available. Either way, make sure you contact your stage manager and go through the process of setting them up together before rehearsals begin. It’s imperative that you understand how to use them and are able to explain why they’re safe. When explaining this to folks I like to mention how the White House, Pentagon, and Congress all use far-UVC. If it’s good enough for them, it’s good enough for us.

Final Touches

Once negotiations are complete, you’ll want to combine your agreements into a rider for your contract. You’ll send it to the theatre so they can add it on, you’ll both look over the contract one last time, and if there are no changes, you’ll sign the finalized document.

Congratulations! You just negotiated COVID protections into your contract! Go get yourself a little treat.

If we’re going to participate in this industry, we need to have the courage to do so safely. The more of us who do it, the easier it gets for everyone.

As you move forward with this, please remember that you have power in these negotiations, whether it feels like it or not. What you do, what you say, and what you ask for influence the safety of everyone working on the project. If it starts to feel overwhelming, remind yourself that you’re just having a conversation. You deserve to have your access needs met and a theatre will not fire you simply because you asked.

If we’re going to participate in this industry, we need to have the courage to do so safely. The more of us who do it, the easier it gets for everyone. The choice is yours. 

Now, I’d love to hear from you. If you have experience with negotiating, what advice do you have? What are your success stories? If you don’t have experience, what questions do you have? Let’s use this chance to learn from each other.