Harassment doesn’t have to target a specific individual to be actionable under Title VII, a panel of the Ninth U.S. Circuit Court of Appeals has ruled in a class action alleging sexual harassment.
Eight former employees (seven women and one man) filed suit against S&S Activewear, alleging that the employer permitted its managers and employees to routinely play “sexually graphic, violently misogynistic” music throughout its 700,000-square-foot warehouse in Reno, Nevada.
According to the plaintiffs, the music’s content denigrated women and used offensive terms like “hos” and “bitches.” The music was blasted from commercial-strength speakers throughout the warehouse and was nearly impossible to escape; sometimes employees placed the speakers on forklifts and drove around the warehouse.
The music allegedly served as a catalyst for abusive conduct by male employees, who frequently pantomimed sexually graphic gestures, yelled obscenities, made sexually explicit remarks and openly shared pornographic videos.
Sharp’s complaint alleged that the music and related conduct created a hostile work environment in violation of Title VII.
S&S moved to dismiss, arguing that the challenged conduct did not constitute discrimination because of sex since both men and women were offended by, and all employees were exposed to, the music. The district court agreed with the employer and granted the motion.
Sharp appealed and the Ninth Circuit reversed.
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