When Tunes Turn Toxic: Ninth Circuit Decision Recognizes the Impact of Offensive Music in the Workplace
In recent years, listening to music while working has become routine and prevalent in many workplaces, with supporters of this trend claiming it improves morale, increases productivity, promotes team bonding and reduces stress. With the advent of on-demand music streaming on mobile devices, employees now have increased access to an unlimited range of music genres, allowing them to play any song they prefer at the press of a button.
But not everyone marches to the beat of the same drum. While allowing employees to play music at work may have its benefits, employers should exercise caution. A recently published decision from the Ninth Circuit Court of Appeals found that Title VII of the Civil Rights Act holds employers responsible when music played at work creates a hostile work environment.
In this case, one male and seven female warehouse employees filed a lawsuit claiming their employer created a hostile work environment by failing to stop employees from playing sexually graphic and violently misogynistic music throughout its warehouse. These employees alleged that they complained daily about the derogatory and sexually laden music and asked that it be turned off, but that management defended the music as “motivational.”
The employees’ lawsuit was initially dismissed for failing to allege a valid legal claim because, according to the trial court, the music offended both men and women alike and thus undermined the allegation of sex-based harassment.
The Ninth Circuit later overturned the dismissal, concluding that the music played at the warehouse could create a hostile work environment in violation of Title VII, even if men and women were both offended. The court explained that a workplace polluted with sexually explicit words degrading women had always been enough to assert a hostile work environment, regardless of whether they were sung, shouted, whispered, relayed face-to-face, or, in this case, blasted over speakers.
Further, the court emphasized that employers cannot avoid liability simply because it indiscriminately offended both men and women, as permitting “equal opportunity harass[ing]” conduct would run counter to Title VII’s purpose.
This decision serves as a reminder that allowing employees to play music and other audible content (such as podcasts) at work requires careful consideration. To lessen legal risks, employers should monitor whether music or any other audible content being played out loud at work is appropriate and free of offensive lyrics, and, if so, to immediately stop the content. Also, employers allowing employees to play music during work could require employees to use headphones, so as to not distract or potentially offend their coworkers.
Please contact Matthew Perez, Austin Laurienzo or anyone from the Phelps Labor and Employment team if you have questions on this or if you need advice or guidance.
