A federal appeals court has issued a first-of-its-kind ruling that says blasting music with “sexually graphic” and “violently misogynistic” lyrics in a workplace could violate federal discrimination laws.
Reviving a lawsuit against an apparel company that played songs like Too $hort‘s “Blowjob Betty” and Eminem‘s “Stan” at a Nevada warehouse, the U.S. Court of Appeals for the Ninth Circuit ruled Wednesday (June 9) that the music had potentially created a “hostile or abusive environment” for female employees.
“Blasted from commercial-strength speakers placed throughout the warehouse, the music overpowered operational background noise and was nearly impossible to escape,” the appeals court wrote. “In turn, 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.”
The employer, S&S Activewear, argued the music didn’t constitute illegal bias under Title VII of the Civil Rights Act, partly because it had been equally offensive to both men and women. And last year, a federal trial judge agreed, calling the case “fatally flawed” and dismissing it on those grounds.
But in Wednesday’s decision, the Ninth Circuit called that an “absurd interpretation” of the statute — and one that would create a “gaping hole” in discrimination law for any company that chose to be an “equal opportunity harasser.”
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