I know a guy in his late 30s who works at a McDonalds. About half the employees are black, and he is white. However, he works in the grill area, and almost all the employees that work in grill are black. There is a radio in the grill area. This guy absolutely hates rap music. Many employees insist on playing the local rap station, often at loud levels. This irritates him no end, and he keeps turning the radio down, and some of the other employees keep turning it up.
A few days ago he complained to the head manager about this, who is white. She seemed sympathetic, and she herself isn’t thrilled by rap music. She even suggested he should try turning the radio to a top 40 station in the area, which has a mixed format. This station does play a fair amount of non-rap R&B, which he doesn’t mind. However, the black employees keep switching it back.
The head manager said if things didn’t improve, he should talk to her again. However, her attitude when he first talked to her is she thought he was an oddball person, as he was the only one complaining. He responded that might be because most of the other white employees may have just quit in disgust because of the music. He even brought up the issue that this might be racial discrimination, even though it was unintentional by management. This guy doesn’t think the head manager is actually trying to disriminate based on race. Although, the restaurant is located in an area where black people are just 4% of the population. According to the census data, there are actually more people in that area of Asian decent (7%). The population of the entire county is just 11% black, so I must say it is suspicious that in a restaurant in the whitest part of the county would have 20 out of 40 workers being black. However, random chance does mean this could happen without anyone discriminating.
This guy has no desire to inflict his music on anyone else. In fact he commented to the head manager that playing any other radio station except this one rap station would be fine by him. His musical tastes are indeed very diverse. He just hates rap. (Although he really enjoys most other forms of black music. He even listens to classic blues on a local PBS station when they play it one evening a week.)
His concern is that if he makes a stink about this with the head manager, she’ll find some excuse to fire him, or cut his hours down to near zilch. He’s considering contacting the company human resource people and make the complaint with them to make retalliation difficult. However, the flip side it might be better to deal with the head manager, as she may get pissed more at him going over her head about the issue rather than try working it out first.
Now the questions and debate part. Do you think this situation is some form of harassment/discrimination? And secondly, would Human Resources likely see this as a meritorious complaint? While direct racial discrimination (hiring and firing based on race) violates the law, nothing I can find in the laws that loud rap music in the workplace is discrimination in and of itself. My hunch is this guy is just screwed, and will have to find work elsewhere. Even though IMO given there is no need for loud rap music in a kitchen, if they can him or cut his hours to near zilch this would be morally wrong.