Patricia Collins. Ninth Circuit Permits a Title VII Claim Based on Offensive Music in the Workplace
The Ninth Circuit's conclusion that employees' allegations regarding playing offensive music in the workplace were sufficient to state a claim for a hostile work environment under Title VII relied on recent U.S. Supreme Court precedent, in Bostock v. Clayton County, 140 S. Ct. 1731 (2020); and Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998).
June 16, 2023 at 11:56 AM
6 minute read
In Sharp v. S&S Activewear, the U.S. Court of Appeals for the Ninth Circuit tackled the difficult issue of when a generally toxic workplace becomes a hostile environment under Title VII. 42 U.S.C. Section 2000e-2(a)(1). The Ninth Circuit's conclusion that employees' allegations regarding playing offensive music in the workplace were sufficient to state a claim for a hostile work environment under Title VII relied on recent U.S. Supreme Court precedent, in Bostock v. Clayton County, 140 S. Ct. 1731 (2020); and Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998).
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