Rap Music Played in Office
My boss and I share a very small office and literally sit side-by-side. He is African American and I am White. He insists on playing music from his laptop. However, many of the songs played are rap songs where the lyrics sometimes include the "N" word and other words of questionable taste. I am afraid to go to HR about this and even more hesitant about bringing this issue to his attention. What rights do I have, if any, about this?
1 answer | asked Jan 10, 2011 07:31 AM [EST] | applies to Pennsylvania
Answers (1)
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, employees in organizations with four (4) or more employees in Pennsylvania are protected from discrimination or harassment based on their gender, age, race, religion, etc.
"Questionable taste" is not something that you are protected from, however. Also, while use of the 'n' word might cause a hostile environment to exist in the workplace for african-american employees, you are not african-american.
However, if you are female and the rap songs contain words and concepts that would be offensive to the reasonable woman, then you may have a claim.
If your employer has a complaint procedure, you are obligated to follow that procedure before you can pursue a claim.
This puts you in a bind, as you indicated you don't want to complaint. Practically, it is my experience that the employees who suffer the worst damages in discrimination matters are the ones who do not stand up for themselves early on.
If this issue is creating real stress for you, you need to address it with your supervisor. If that does not work, address it with your HR department through their complaint process.
If either your boss or your company/HR retaliates against you for complaining, then you have a claim for retaliation - which oftentimes is stronger than the underlying discrimination claim.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com
posted by Christopher Ezold | Jan 10, 2011 08:11 AM [EST]
That being said, employees in organizations with four (4) or more employees in Pennsylvania are protected from discrimination or harassment based on their gender, age, race, religion, etc.
"Questionable taste" is not something that you are protected from, however. Also, while use of the 'n' word might cause a hostile environment to exist in the workplace for african-american employees, you are not african-american.
However, if you are female and the rap songs contain words and concepts that would be offensive to the reasonable woman, then you may have a claim.
If your employer has a complaint procedure, you are obligated to follow that procedure before you can pursue a claim.
This puts you in a bind, as you indicated you don't want to complaint. Practically, it is my experience that the employees who suffer the worst damages in discrimination matters are the ones who do not stand up for themselves early on.
If this issue is creating real stress for you, you need to address it with your supervisor. If that does not work, address it with your HR department through their complaint process.
If either your boss or your company/HR retaliates against you for complaining, then you have a claim for retaliation - which oftentimes is stronger than the underlying discrimination claim.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com
posted by Christopher Ezold | Jan 10, 2011 08:11 AM [EST]
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