Can we prohibit employees from wearing headphones while working?

Our CEO thinks it looks unprofessional — are there any legal reasons why we can't ban them from the office?

Brian Johnston
Question: Many of our employees, particularly younger ones, have taken to wearing headphones while they work. It’s an office setting, so safety isn’t an issue. But our CEO thinks it looks unprofessional when clients come through and see people listening to music while working. He wants to clamp down on this, but we’re not sure if we can dictate they not wear headphones. Are there any legal roadblocks we should be aware of before proceeding?

Answer: You can tell employees not to wear headphones. However, we know that courts and arbitrators are more sensitive to personal employee choice (such as body piercing) but it would be hard to say that wearing headphones is that personal a matter. And there are workplace implications for headphone wearing.

It is surprising how widespread the use of personal music devices is in the workplace. One study suggested that 80 per cent of technical and creative workers and about 40 per cent of clerical workers listen to music more than 20 per cent of their day.

Personal music devices offer employees the opportunity to listen to their own music. Piped in music only has a relaxing, positive effect if the listener likes the music.

Safety may not seem to be an issue, but the use of headphones can have safety implications. Employees may not be able to hear alarms or other warning signals or shouts from co-workers. The use of headphones can also interfere with communication between the employee and the supervisor and create an isolated workplace lacking appropriate levels of social interaction. There is also the risk that personal music storage devices can pose a security threat. Devices may allow downloading information from the employer’s computers and may open the corporate computer network to viruses through music transferring.

Like your CEO, co-workers may find headphone use irritating with the workplace appearing less professional as employees sing along or drum on desks to the annoyance of fellow workers.

Although most employers may agree with your CEO, believing that headphone wearing looks unprofessional to clients and gives the appearance that the employee is not working, it is fair to say that some employers see some benefit in it, depending on the type of work. University of Illinois researchers found, in a study of 256 office workers, that listening to music of their own choice soothed frayed nerves, drowned out distracting office chatter, boosted mood and significantly enhanced performance. Music can help relieve stress and provide mental stimulation.

With headphone use becoming so prevalent, it may be worthwhile to develop some basic rules restricting headphone use which could interfere with employees’ work tasks such as telephone calls, servicing customers, responding to co-workers and not using the corporate computers to download music.

Brian Johnston is a partner with Stewart McKelvey Stirling Scales in Halifax. He can be reached at (902) 420-3374 or [email protected].

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