Case Study: Guidance for Employers on Music in the Workplace

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In today’s workplace, many employers allow employees to play music. While this is generally a cost-effective way to improve culture, morale, and productivity; it also creates potential exposure for hostile work environment and sexual harassment claims under Title VII of the Civil Rights Act of 1964. This is particularly true given a recent decision from the U.S. 9th Circuit Court of Appeals (whose rulings apply to all employers in Arizona, Alaska, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington) in which the court unequivocally held that music played in the workplace can constitute actionable hostile work environment harassment under Title VII.

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