From Lyrics To Litigation: How Music Can Create A Hostile Work Environment

In a case that reminds us that derogatory content can offend even if it's popular, the Ninth Circuit Court of Appeals recently held in Sharp v. S&S Activewear, LLC ("Sharp") that music with sexually derogatory and violent content, played constantly and publicly throughout the workplace, can create a hostile or abusive environment, constituting sexual discrimination.

The case involved several former employees who complained that their company played explicit songs by the artist Too $hort which contained, "highly offensive" lyrics that "glorified prostitution" and "Stan" by Eminem which violently details a pregnant woman being forced into a car trunk and driven into water to be drowned. These songs were played regularly through commercial-strength speakers. In some instances, the speakers were put on forklifts and driven around the warehouse. The complaining employees alleged that the music encouraged abusive conduct by male employees.