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  1. #1
    Join Date
    Apr 2012
    Posts
    3

    Smile Can Your Employer Restrict You From Listening to Music

    My question involves civil rights in the State of: California

    I began to wonder, what right, if any, allows us to freely listen to music, in order to prevent music of other cultures and religions from being banned? Eg. Is there anything that protects us from workplaces not allowing people to listen to music of foreign cultures, races, or religions?

  2. #2

    Default Re: What Right, if Any, Allows Us to Freely Listen to Music

    The First Amendment curbs GOVERNMENT suppression of free speech. A private employer can ban any music they want, for whatever reason they want.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    #1 lesson: The only person who can give YOU legal advice is YOUR attorney

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,431

    Default Re: Can Your Employer Restrict You From Listening to Music

    An employer can impose an across-the-board ban to listening to music while on the job, or can impose across-the-board restrictions (e.g., you can listen to music through headphones as long as nobody walking past you can hear the noise.)

    On the other hand, an employer cannot lawfully say, "You can listen to Christian rock while working, but not to music from other faiths" - the restriction cannot discriminate based upon constitutionally protected factors.

  4. #4
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    5,079

    Default Re: Can Your Employer Restrict You From Listening to Music

    I had a real simple solution to this:

    My co-workers hated my music. I hated theirs. I was a MetalHead in a soft-pop environment. Solution - bring in my own radio, headphones, and CD's, and keep it so my work was done and I could still hear my phone when it rang.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    13,047

    Default Re: Can Your Employer Restrict You From Listening to Music

    That's fine - assuming your employer permits it. The employer can restrict ANY music being played at work, INCLUDING the use of headphones, and it is 100% legal.

  6. #6
    Join Date
    Sep 2011
    Posts
    437

    Default Re: Can Your Employer Restrict You From Listening to Music

    Is there anything that protects us from workplaces not allowing people to listen to music of foreign cultures, races, or religions? None. Employers are free to prohibit employees from listening to music in the workplace and many do. If a business does decide to play background music over their PA system, the boss is free to chose whatever music he wants to listen to or is likely to appeal to the broadest spectrum of employees and guests. If the boss decides to play "elevator music" all day long, then that's just the way it is.

    Even an employer who allows music in the workplace doesn't have to allow every employee to play what he/she would prefer to hear. Among other thingls, some music (i.e. music with offensive sexual lyrics or derogatory language towards women) would be completely inappropriate for the workplace and could give rise to legitimate complaints of sexual harassment from employees.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    13,047

    Default Re: Can Your Employer Restrict You From Listening to Music

    As long as you understand that no law requires the employer to allow you to listen to music through headphones and if the employer disciplines or fires you for doing so without permisssion/having been told not to, that's 100% legal and you'll be out of a job. I wouldn't bet money on your getting UI, either, if you'd been told not to.

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