The U.S. Court of Appeals for the Ninth Circuit vacated a district court’s dismissal of employees’ Title VII sexual harassment claim against an apparel company, concluding the constant playing of sexually derogatory and violent music throughout the workplace constituted discrimination because of sex, and that males and females can bring a hostile work environment claim alongside each other.

U.S. Court of Appeals Judge M. Margaret McKeown of the Ninth Circuit determined that eight former employees’ Title VII sexual harassment claim was sufficient, as playing as constantly playing “music with sexually derogatory and violent content” throughout a workplace can foster a hostile or abusive environment, and thus constitute discrimination because of sex.

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