Twelve Drummers Drumming… and Keeping Lyrics from Hitting the Wrong Note at Work

“On the twelfth day of HR’s favorite season, my lawyers said to me… twelve drummers drumming (and a reminder that workplace playlists aren’t always harmless).”

Welcome to the last day of our 12 Days of HR. Holiday music may be everywhere this time of year—stores, elevators, offices, breakrooms—and by Day 12, you are probably sick of our song. But the music employees play at work can create real HR issues, especially when lyrics include profanity, sexual content, or slurs (including the N-word). What sounds like “background noise” to one person can be discriminatory, harassing, or downright disruptive to another.

So, before your workplace turns into an unintentional DJ battle, here are twelve things to keep in mind about music at work:

1. Offensive lyrics can create a hostile work environment.

If songs include racial slurs, misogynistic language, or other offensive content, employers may face harassment or discrimination claims if they fail to address it.

2. “But it’s just a song” isn’t a defense.

Harassment doesn’t require the speaker to intend offense—the impact matters.

3. Volume matters.

Loud music can interfere with productivity, concentration, and even safety.

4. Not everyone shares the same taste.

Employers can impose reasonable limits to prevent disruption (yes, even on that one coworker who thinks everyone loves heavy metal at 8 a.m.).

5. Headphones aren’t a perfect solution.

They may solve the “shared space” problem, but they raise safety, communication, and customer-service issues.

6. Shared speakers require shared rules.

One employee’s playlist shouldn’t dominate the workplace.

7. Managers should enforce policies consistently.

Permitting some employees to play explicit music but disciplining others opens the door to discrimination claims.

8. Be especially cautious in customer-facing areas.

Public spaces require a higher standard of professionalism—and a greater chance of complaints or reputational harm if offensive content is overheard. Front-of-house music often reaches more ears, which means greater risk if the lyrics aren’t workplace-appropriate.

9. Tie music rules to your existing conduct and anti-harassment policies.

No need for a novel-length “Music Policy.” An explicit reference to respectful workplace standards is often enough.

10. Consider accessibility needs.

Employees with sensory sensitivities or disabilities may require modifications to music policies.

11. Document complaints—even informal ones.

A casual “hey, that song made me uncomfortable” is still a complaint you need to address.

12. When in doubt, turn the music down (or off).

It’s better to avoid liability than fight over who controls the aux cord.

The Takeaway

Music can boost morale, energize teams, and set a positive vibe—but it can also drum up significant legal risk if employers ignore inappropriate content or employee complaints. A simple, well-communicated expectation about workplace-appropriate music can go a long way.

If your “twelve drummers drumming” feel more like twelve compliance headaches, reach out to Hannah or other members of Verrill’s Labor and Employment practice group for help reviewing or updating your workplace policies.