Ignore offensive music, and you may have to pay the piper

Employers are (or should be) well aware by now that repeated sexually explicit comments by employees toward their colleagues can lead to liability for sexual harassment, a form of sex discrimination. But what if the comments are coming not from other employees but from music played in the workplace? And what if it’s not just female employees who are offended? The U.S. 9th Circuit Court of Appeals (whose rulings apply to employers in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington) recently made clear that neither of those circumstances is an obstacle to pursuing a hostile work environment claim under Title VII of the Civil Rights Act of 1964.

Surround sound of the worst kind

Stephanie Sharp worked for S&S Activewear at its massive warehouse in Reno, Nevada. Women comprised approximately half of the workforce.

The company allowed its employees, including managers, to constantly play “sexually graphic, violently misogynistic” music at top volume from “commercial-strength speakers placed throughout the warehouse.” The music allegedly included gender-specific epithets such as “hos” and “bitches” and other lyrics that denigrated women, promoted violence against women, and glorified prostitution.