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Broadly offensive music and lyrics create hostile environment

June 2023 employment law letter
Authors: 
Mark I. Schickman, Schickman Law

It’s been almost 40 years since the U.S. Supreme Court recognized that a hostile work environment can constitute sex discrimination and sexual harassment under Title VII of the Civil Rights Act of 1964, the federal statute prohibiting workplace discrimination based on protected classifications such as race and sex. Throughout that time, many employees have been through sexual harassment trainings so many times they treat it like a standing joke. But even after all those decades of training, and what we know from common sense, the U.S. 9th Circuit Court of Appeals (which includes California within its jurisdiction) has to remind us of the rules one more time.

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