Question: A new employee complained about the “vulgar” lyrics in songs playing on the warehouse radio. The shift supervisor usually chooses a local radio station, and nobody has a problem with it. Do we really have to monitor the content of background music we provide to employees to help make the day go faster?
Answer: Yes, if there is a possibility that an employee may choose to play a radio station that subjects other employees to offensive language. The fact that you allow supervisors to play music for motivational purposes doesn’t negate your duty to ensure a harassment-free workplace. Recently, the U.S. Ninth Circuit Court of Appeals ruled that music with sexually derogatory and violent content can create a hostile or abusive work environment and constitute unlawful discrimination under Title VII of the Civil Rights Act. An employee or group of employees doesn’t have to be specifically targeted to bring a harassment claim. However, the court made it clear that objectionable conduct isn’t automatically discriminatory. Instead, workplace conduct (and words used) must be viewed cumulatively and in context. In this instance, the court noted that employees couldn’t avoid hearing the music because it was playing constantly over warehouse-wide speakers, subjecting all employees to repeated offensive terms (Sharp v. S&S Activewear, LLC, 9th Cir, June 2023).
Steps for Preventing Hostile Work Environment
Generally, an employer is liable for hostile environment harassment by coworkers and managers if the company knew or should have known about the harassment and failed to take corrective action. Make sure your anti-harassment policy is current and train your supervisors on how to respond to internal complaints. When you receive a complaint, investigate thoroughly, and call your Vigilant Law Group employment attorney for advice. For more information, see our Legal Guide, Harassment in the Workplace: Avoiding Liability, and our Policy Against Harassment.
