Can Offensive Music Be Played on the Job if it Offends Other Employees?
Generally, it is a matter of employer policy whether or not to allow music to be played while working and to deal with any complaints about the volume or type of music played by coworkers. A person who is subject to hostile environment sexual harassment in the workplace because the employer, supervisor, or co-worker does or says things that make the victim feel uncomfortable because of his or her sex may have a right to sue the employer. It is not necessary to show a demand for an exchange of sex for a job benefit, the creation of an "uncomfortable environment" is sufficient under the law.
In order to prevail in a lawsuit, the conduct complained of must be shown to have been offensive to the plaintiff. Jokes, pictures, touching, leering, unwanted requests for a date have all been found by courts to be sexual harassment. Sexual harassment in the workplace can be between people of the same sex. Sexual harassment in the workplace can be a woman harassing a man. A hostile environment in the workplace may also be created by discriminatory behavior based on race, ethnicity, or national origin. The discrimination or harassment in the workplace must be severe and pervasive, rather than a mere idle comment, even if, offensive. Also it must be shown that management is aware of the harassment or discrimination and has failed to take action against it.