Can You Be Fired for What You Listen to While You Work?

Your employer has a right to limit what you listen to while in the workplace. Some employers have even implemented policies regarding music and other media in the workplace. If you violent this policy, your employer has a right to discipline you.

What do you need to know about discrimination and music in the workplace?

Strict discrimination laws require that people say nothing offensive in the workplace. This means someone offended by your words or actions could file a grievance against you. This also includes the music you listen to while working. If you listen to music or other programming that includes offensive words or topics, it could be grounds for a harassment lawsuit.

In some cases, using earbuds or headphones to listen to your media of choice reduces the risk of accusations of wrongdoing. However, not all employers allow earbuds or headphones while working. This means co-workers can overhear anything you listen to and if they find anything about it offensive, they can report you.

Many employers have created music and listening policies to protect against problems in the workplace. What are some of the most common factors in policies regarding music and entertainment in the workplace?

Employees are Entitled to Clear Guidelines Regarding Policies in the Workplace

Employers should implement a clear policy in writing regarding music and other media content. They must tell employees what types of content are off-limits.

For example, many policies state that music containing sexual, racist, religious, or other lyrics is inappropriate. If you listen to anything deemed inappropriate by a co-worker, you could face disciplinary action.

Employers should address whether they permit earbuds or headphones. There are varying opinions on whether or not wearing headphones helps you focus or distracts you. It’s up to employers to determine what the policy is for their employees.

In some cases, headphones and earbuds are a safety hazard. Sometimes co-workers assume they shouldn’t bother people wearing headphones. This can lead to miscommunication in the workplace.

In addition to creating a written policy regarding the use of media content in the workplace, it’s also important that all employees receive training regarding what is acceptable and unacceptable. What some people consider perfectly acceptable might be offensive to other people.

Some employers even review company policies every few months to make sure employees understand their rights and responsibilities. If you’re accused of a violation of your company’s music and content policy, ask for an explanation.

What If You’re Offended by What You’re Co-Workers Listen To?

If you find yourself on the other end of things and your co-workers are listening to offensive music, you have a right to report your issue to the human resources department. HR must take your complaint seriously and do their best to make the situation better.

Can You Be Fired for What You Listen to While You Work?

Employers should treat offensive lyrics in music and other content just the same as if someone said something offensive.

Regulating what goes on in the workplace is perfectly acceptable. Everyone should feel safe and comfortable while working. If something is distracting or offensive, you have a right to speak up. Your employer has a right to ask you to listen to something different. If you refuse, your employer could discipline you for listening to something that co-workers find offensive.

If you’d like to discuss your company’s music policy or you have questions about any issues of discrimination in the workplace, contact Borrelli & Associates, P.L.L.C. to schedule a free consultation.