Workplace Rap Music at Issue in 9th Cir. Sexual Harassment Case

The Ninth Circuit heard argument Thursday on whether a federal sexual harassment claim can be based solely on allegedly offensive music being played in the workplace and whether a claim is undercut because both sexes are offended.

Lawyers for S&S Activewear LLC, the seven women and one man who sued the wholesale apparel distributor, and the Equal Employment Opportunity Commission also raised issues regarding the need to prove targeting or an intent to provoke in harassment lawsuits under Title VII of the 1964 Civil Rights Act. That could have broad implications for the ability of workers to protect themselves against ...