Can music at work constitute harassment?

by Nov 29, 2022

After a recent webinar, a listener sent over this interesting article about a former Tesla employee who’s asking the US District Court of Nevada to agree with her claim that the “obscene and misogynistic rap music” played on site and the resulting actions of her co-workers are tantamount to sexual harassment.

When I read this my mind immediately went to an opposite story I’d heard from a white male friend (yes, that part is relevant) who works for a government contractor in a sea of cubicles.

A Black woman in a nearby cubicle often had headphones on while working. One morning she hadn’t plugged her earphones in all the way to their port, so he could hear what she was listening to. It was a speech about how the white population is holding down the Black population. 

He tapped her on the shoulder and said, “Hey your ear plugs aren’t plugged in all the way.” She smiled, said thanks, and turned around to keep working.

Of course this story is different from music or speeches being blasted on company speakers; this was one person’s earphones and it was an accident that my friend overheard.

But I make a comparison anyway because of another important differentiator: Empathy. My friend was empathetic to his co-worker. It seems like the folks at Tesla were not. 

With the holidays and the opportunity for the variety of religious music (and teachings) coming up, I thought I’d share four ways you and your organization can emulate empathy when it comes to music at work.

 

Create a holiday playlist by collecting music from your workforce 

One way to create a positive and inclusive vibe is to send out a request for music from your workforce. Perhaps everyone can contribute to an intercultural holiday playlist, and team members can learn from each other as they discuss which songs they submitted and why. 

If you need help getting started, here’s a holiday playlist we put out in 2019 – still one of our most visited website pages with all of its kindness, inclusivity, joy and togetherness. 

 

Initiate discussions about appropriate versus inappropriate music at work

Activities like the previous one can’t happen in a vacuum, however, or they end up feeling like a check-the-box activity instead of a genuine effort to create a positive environment. Hopefully throughout the year you and all managers and leaders are engaged in conversation about inclusivity, positivity, company core values, and respect.

Perhaps your next conversation could include something about appropriate versus inappropriate music at work. You might ask for examples of how music can make people feel, why certain music may not fit within the company’s culture, and what they should do if they’re offended by someone else’s music. 

Without getting too compliance-y, point out that your harassment prevention policy serves as a guide. As this article suggests, most policies prohibit racial and sexual slurs and epithets, so music with that type of language should be avoided at work. 

 

Be an ally when it comes to music and harassment

I shared the story about my friend because it’s always stuck with me. While my team and I come across a whole lot of abuse and harassment in our work, we sometimes come across people who live as victims. 

My friend could’ve been offended by what he heard, he might’ve even gone to HR to complain. He didn’t though, because he’s empathetic and understands from where he sits as a white male he has no business being annoyed.

He can look around at the tops of heads in his sea of cubicles and quickly understand that people just like her are underrepresented. And, she was listening on her earphones.

This is a much different scenario than gangsta rap and the resulting misogynistic comments and behavior that seemed to follow at Tesla. I don’t know if the Court will agree that Tesla’s environment was hostile, but I know that an ally would say that music about drugs, murder and b****** isn’t inclusive and probably shouldn’t be played at work. 

 

Encourage the use of earpods for music at work

While this tip might sound counterintuitive to a welcoming work environment, as earpods might be considered the equivalent of a closed door, I personally would rather ask people to wear earpods than regulate music choices. 

Your messaging around earpods should be very clear that earpods should only be worn when it’s safe to do so (e.g., not on a manufacturing line), and do not serve as a closed door. Rather pods are a way for people to get into whatever groove they need to be productive.

You and your team can also develop the rules of etiquette for earpods. One of my team members, for example, always announces that she’s going into earpod mode so that she can dig into something. Sometimes she tells us if we need to interrupt her we can, and other times she asks us not to interrupt.

 

This is a great example of metacommunication (communication about communication) at work. 

If you’re looking for other resources related to building and maintaining a positive environment, check out one of our old blog posts about toxic environments for more tips. Also be sure to review this old blog on 6 warning signs you have a toxic culture. If you have one, you know where to find us.

 

Enjoy the holidays!

Catherine and the Civility Partners Team

Civility is the platform for organizational success—it is absolutely necessary for an organization to reach its goals. Download our Ebook on Seeking Civility to learn more on how to create a workplace free of bullying and abusive conduct.

 

About Catherine Mattice

Catherine Mattice, MA, SPHR, SHRM-SCP is President of consulting and training firm, Civility Partners, and has been successfully providing programs in workplace bullying and building positive workplaces since 2007. Her clients include Fortune 500’s, the military, several universities and hospitals, government agencies, small businesses and nonprofits. She has published in a variety of trade magazines and has appeared several times on NPR, FOX, NBC, and ABC as an expert, as well as in USA Today, Inc Magazine, Huffington Post, Entrepreneur Magazine, and more. Catherine is Past-President of the Association for Talent Development (ATD), San Diego Chapter and teaches at National University. In his book foreword, Ken Blanchard called her book, BACK OFF! Your Kick-Ass Guide to Ending Bullying at Work, “the most comprehensive and valuable handbook on the topic.” She recently released a second book entitled, SEEKING CIVILITY: How Leaders, Managers and HR Can Create a Workplace Free of Bullying.

Struggling with a Toxic Boss? Read This

Did you know that seven in ten U.S. workers say they would leave a job if they had a bad manager? That’s according to the latest findings of LinkedIn’s Workforce Confidence survey. Leaders who exhibit challenging behaviors don’t just cost their organizations talented...

NEW BOOK: Navigating a Toxic Work Environment for Dummies

Does your workplace feel like a daily battle for survival? Endless conflict, backstabbing, bullying, and leadership that turns a blind eye… Sound familiar? For too many professionals, the workplace isn’t a place of productivity and growth; it’s a source of anxiety and...

DEI needed if hiring on merit is your goal

Trump has initiated a series of actions aimed at dismantling diversity, equity, and inclusion (DEI) initiatives within the federal government. On January 20, he signed Executive Order 14151, titled "Ending Radical and Wasteful Government DEI Programs and...

The Transformative Power of Hands-On vs. AI Training

Artificial Intelligence (AI) is revolutionizing the workplace, and HR functions are no exception. From recruitment to onboarding and even manager training, AI-based platforms are becoming the go-to solution for many organizations. These programs promise scalable,...

Get Buy-In From the Top! Email To Your Boss

When you've discovered a valuable resource or service that could benefit your organization, getting buy-in from leadership is critical.  Use this email template to propose Civility Partners' services to your boss. Simply customize the placeholders with your own...

Fostering Civil Conversations at Work

SHRM’s Civility Index Research shows that U.S. workers collectively experience 223 million acts of incivility per day and U.S. organizations collectively lose about $2 billion per day in reduced productivity and absenteeism because of it.  You’ve probably seen it...

Managing Emotions at Work After the Inauguration

Next week marks the presidential inauguration, a time that often stirs strong emotions in the workplace. Excitement, disappointment, frustration, or even anxiety can find their way into daily interactions. Employees may consciously or unconsciously bring their...

January Jitters: 4 Tips for Keeping Morale High After the Holidays

Happy New Year! Now that we’re all back to the grind, let’s talk about January’s reputation as the least productive month of the year. The post-holiday slump is real - teams return to work with noticeably less pep in their step.   This time of year can feel like...

3 Stories That Prove Positive Culture Change is Possible

When SHRM launched their #CivilityAtWork initiative, it felt like a rallying cry for everything we believe in and have been fighting for these last 15 years. Respectful, thriving workplaces are the dream we all share, but let’s be real—getting there isn’t always easy....

A Look Back and Look Forward: Where Are You Headed with Culture?

Culture can make or break a workplace. If that sounds dramatic, but consider this: 94% of executives and 88% of employees believe a strong workplace culture is critical to business success, yet 69% of employees say their organizations lack a culture where feedback is...