Employment law disputes tend to be either dryly procedural or concerned with serious allegations of harassment and maltreatment. Yet, on occasion, they intersect with elements of popular culture in curious ways, such as a recent case involving platinum-selling rappers Eminem and Too $hort being scrutinized in a workplace context.
At the heart of the case is the question of whether some forms of music – specifically certain songs by Eminem and Too $hort – can contribute to a hostile work environment. It arose after seven employees, led by Stephanie Sharp, at an unknown apparel manufacturer argued that their workplace, replete with explicit lyrics from tracks such as Eminem’s “Cleaning Out My Closet” and Too $hort’s “Blow The Whistle”, was intolerable and amounted to a violation of Title VII of the Civil Rights Act. Proskauer – Minding Your Business.
While the case itself is unusual, it speaks to broader issues around what can be considered creating a hostile work environment in industries famed for their ‘laid-back’ or ‘alternative’ culture. Such industries may have to carefully examine their practices and policies, and possibly redefine their company culture in response to cases like this which are bringing new perspectives to what is deemed offensive or discriminatory behaviour in the workplace.
This case also brings the music industry into the spotlight, as songs get analysed in the prism of workplace professionalism, leaving artists and producers to possibly consider censorship or adapt their content to changing societal norms. The laws meant to protect the employee’s rights to a harassment free work environment are being extended into unfamiliar territory, and the judgments made here stand to set important precedents for the future of workplace law.