Sexually derogatory music blasted constantly throughout a workplace can give rise to a sex discrimination claim under Title VII of the Civil Rights Act of 1964, even if the music is offensive to both female and male employees, the U.S. Court of Appeals for the Ninth Circuit ruled June 7, 2023. In reversing a trial court’s grant of summary judgment for the employer, the appeals court ruled in Sharp v. S&S Activewear that an employer cannot evade liability for having a workplace that is hostile to female employees by arguing that the music offended male as well as female employees. In other words, the Ninth Circuit refused to accept what it referred to as an “equal opportunity harasser” defense.
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