9th Circuit offers new guidance for employers on music in the workplace

In today’s workplace, many employers allow employees to play music. While this is generally a cost-effective way to improve culture, morale, and productivity; it also creates potential exposure for hostile work environment and sexual harassment claims under Title VII of the Civil Rights Act of 1964. This is particularly true given a recent decision from the U.S. 9th Circuit Court of Appeals (whose rulings apply to all employers in Arizona, Alaska, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington) in which the court unequivocally held that music played in the workplace can constitute actionable hostile work environment harassment under Title VII.

Audio offense

Stephanie Sharp worked for apparel manufacturer S&S Activewear. She and seven of her warehouse coworkers (including one male) sued their employer, alleging it allowed managers and employees to play “foul and abusive” music in the workplace. The offending songs included “Blowjob Betty” by Too $hort and “Stan” by Eminem.

The songs—which were broadcasted on commercial-strength speakers throughout a 700,000 square-foot warehouse—used terms like “hoes” and “b*tches,” “glorified prostitution,” and detailed extremely violent scenarios with women. The employees alleged the music “contained extraordinarily graphic and sexually graphic content” and was nearly impossible to escape because the speakers were placed throughout the warehouse and sometimes on forklifts driven around the warehouse.