was in response to a lawsuit against a clothing manufacturer in which plaintiffs complained that the misogynistic music"blasted" throughout the manufacturer's warehouse was offensive. The ruling raises questions about what music is appropriate for the workplace.alleges that S&S Activewear permitted its managers and employees to routinely play"sexually graphic, violently misogynistic" music throughout its 700,000-square-foot warehouse in Reno, Nevada.
The judge initially dismissed the case in a federal district court. However, the Ninth U.S. Circuit Court of Appeals in San Francisco overturned that decision this month,other cases which found"the use of sexually degrading, gender-specific epithets, such as 'slut,' 'cunt,' ‘whore,' and 'bitch,' has been consistently held to constitute harassment based upon sex.
"Although we have not before addressed the specific issue of music-as-harassment, this court and our sister circuits have recognized Title VII redress for other auditory offenses in the workplace and for derogatory conduct to which all employees are exposed," the court wrote in their decision. With the court's pronouncement, the question of music's potential to constitute harassment enters uncharted legal territory. If lyrics can be deemed harassing, musical choices from several genres may face greater scrutiny at work.