Keith Markel, Alana Mildner and Kayla West Warn Employers That Playing Music Can Create a Hostile Work Environment Under Title VII of the Civil Rights Act

Labor & Employment Partner and Practice Co-Chair Keith Markel and Associates Alana Mildner and Kayla West co-authored an article for Bloomberg Law about the need for employers to cultivate inclusive and respectful work environments as employees return to work. The article discussed two court cases, Sharp v. Activewear, LLC, 69 F.4th 974 (9th Cir. 2023) and Reeves v. C. H. Robinson Worldwide, Inc., 594 F.3d 798, 108 FEP Cases 456 (11th Cir. 2010), in which sexually explicit music and radio programming played in the workplace created a hostile work environment in violation of Title VII of the Civil Rights Act.

In both cases, the plaintiffs alleged that the music and programming prompted abusive and inappropriate conduct by co-workers, and that the plaintiffs were unable to change the station, lower the volume or otherwise evade the auditory content. “To succeed on a hostile work environment claim, a plaintiff must show discrimination by the employer on account of a protected characteristic under Title VII, such as sex, race, color, religion, sexual orientation, or national origin,” the authors explained.

Since the pandemic, “employees have grown accustomed to working remotely and have developed certain habits, including listening to music or podcasts out loud while working at home,” wrote the authors. But with the transition back to working in a shared space, this may create problems if the music or other media being played aloud is perceived as hostile, violent or sexually offensive.

The authors concluded: “Employers should be mindful of workplace arrangements and consider policies and practices that limit the reach of music or other media played within the workspace. Employers may want to consider policies that prohibit playing music or other broadcasts aloud in the workplace. Employers may also wish to add examples regarding music and other media to their anti-harassment prevention policies and trainings.”

Read the Bloomberg Law article here.