Offensive Music Ruling Guts ‘Equal Opportunity Harasser’ Theory

Employers will have to rethink their defenses to hostile work environment allegations now that a federal appeals court has held that sexually graphic and misogynistic music in the workplace can give rise to gender bias claims even if both male and female employees are affected.

This week’s ruling from the US Court of Appeals for the Ninth Circuit revived a lawsuit by a group of warehouse workers who alleged that managers and co-workers at S&S Activewear LLC regularly played vulgar music on the job and disregarded their complaints.

In particular, the panel dismissed the “equal opportunity harasser defense,” which protects ...