Legal Question in Sexual Harassment in California

Radio/Television Harassment

Can listening and/or watching normal broadcast TV (non-cable) and radio (music) stations while at work, in which some of the verbage used may have sexual inuendo, be construed as a hostile work environment?


Asked on 5/07/03, 6:51 pm

2 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Radio/Television Harassment

Thank you for your posted inquiry.

Typically, the answer to your question would be no. The hostile work environment must be pervasive and intentional (i.e., intending to create discomfort), so unless it is intentional, or continues after complaints with the express intent to create a work environment so uncomfortable it forces you or someone else to leave or suffer extreme distress, a radio or TV station broadcast would not by itself be enough.

What works against the employee here is that the FCC has the right to set standards for a particular community, so anything via TV or radio is already "qualified" as non-hostile, to a certain extent (with many exceptions).

I hope that this information helps, but if you have more questions, want more information, or feel that you need legal representation, please feel free to contact me directly at [email protected]. Best of luck, and I�m happy to help you in any way that I can.

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Answered on 5/08/03, 7:02 pm
Terry A. Nelson Nelson & Lawless

Re: Radio/Television Harassment

Sure can, if people complain of being sexually harassed. It would be no different than hanging offensive posters or calendars.

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Answered on 5/08/03, 9:03 pm


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