Playing songs with vulgar lyrics at work could be sexual harassment, court rules

Eminem's number one hit, Stan, was one of the songs mentioned in the court case. Credit: AP Photo/Chris Pizzello/File

A U.S. court has ruled that playing loud, explicit music by artists like Eminem in the workplace is sexual harassment.

Eight former S&S employees Activewear, a clothing store in Reno, Nevada, is being sued after the company complained that the company allowed managers and staff to play tracks with «sexually explicit» and «misogynistic» lyrics.

One of the offending songs was Stan, Eminem's number one hit of 2000, which contains lyrics about a pregnant woman being put in the trunk of a car and «driven into water to drown.»

A group of seven women and one man, said that the music «denigrates women» with graphic details of extreme violence that provoked abusive behavior from male employees.

They claimed that music was played at high volume from industrial loudspeakers in a 700,000 sq. m. S&S warehouse. ft. They added that the speakers were driven around the warehouse on forklifts. Other employees quit.

Other songs played included a rap track describing the murder of a woman and another describing the death of a young girl in a sexual assault.

The lawsuit alleged that some of the employees -Men exacerbated the situation by yelling obscenities, sharing explicit videos, and faking sex as music blared throughout the facility.

Fears of a «hostile environment»

The lower court dismissed a complaint brought before the US Civil Rights Act, which ruled that music does not constitute discrimination because it offends both men and women.

However, that ruling was overturned by the US Court of Appeals for the Ninth Circuit, who decided that the case must continue.

Judge Mary Margaret McKeown wrote: “Harassment, whether auditory or visual, does not need to be directed directly at a specific complainant in order to contaminate the workplace.

“An employer cannot find sanctuary by engaging in inappropriate, harassing behavior. that permeate the workplace.

«Sleeping, screaming or whispering, blasting through speakers or delivered face-to-face, sexist epithets can offend and turn the workplace into a hostile environment.»

«Permission to broadcast misogyny loudly «

Mark Mausert, who represents employees, told The Washington Post: «The mere performance of these songs is in itself a form of serious harassment. It's an implicit call to action because you're allowing misogyny and violence to be broadcast loudly.

«Whether the employer likes it or not, he's the cop in the workplace when it comes to human sexuality.»

The Telegraph reached out to S&S for comment.< /p>