Workplace Music That Degrades Women May Be Considered Sexual Harassment, Rules U.S. Appeals Court
A new court ruling has sparked a major debate about what kind of music is acceptable in the workplace. According to the Ninth U.S. Circuit Court of Appeals, playing music that is sexually degrading or misogynistic at work could legally qualify as sexual harassment.
The ruling comes in response to a lawsuit filed against S&S Activewear, a clothing manufacturer whose employees claim they were subjected to offensive music blasted throughout the company’s 700,000-square-foot warehouse in Reno, Nevada.
Lawsuit Alleges “Violently Misogynistic” Music at Work
According to court documents, the plaintiffs — eight former employees — alleged that the company allowed sexually graphic and misogynistic music to be played at high volumes every day, despite repeated complaints.
Songs regularly played reportedly included lyrics with terms like “hoes”, “b–ches”, and other derogatory language toward women. One track specifically mentioned in the lawsuit is Eminem’s iconic song “Stan,” which the plaintiffs argue contains graphic depictions of violence against women, including a scene where a pregnant woman is murdered.
Music by Too $hort, known for sexually explicit lyrics, was also cited. Despite objections, warehouse management allegedly claimed the music was intended to be “motivational.”
Lower Court Dismissed Case, Appeals Court Reinstates It
The case was initially dismissed by a federal district court. However, this month, the Ninth Circuit Court of Appeals in San Francisco reversed that decision. The court emphasized that using sexually degrading and gender-specific epithets — including terms like “slut,” “cunt,” “whore,” and “b–ch” — can create a hostile work environment and constitutes harassment based on sex, even if the music is not directly aimed at a specific employee.
The court’s decision raises new questions for employers across industries: What kind of content crosses the line between workplace entertainment and workplace harassment?
As music continues to play a major role in company culture, this case could set a precedent for how organizations address offensive content in shared spaces.
