Employers can be liable for sexual harassment under federal law (Title VII of the 1964 Civil Rights Act) if “sexually explicit” or “aggressive” music is played in the workplace, the Ninth Circuit recently ruled in Sharp v S&S Activewear, L.L.C, 9th Cir. (June 2023).
The Ninth Circuit’s ruling directly applies to employers in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands. However, given the federal Equal Employment Opportunity Commission’s amici brief in support of the plaintiffs’ position and the Court’s reliance on opinions from the Second, Fourth, and Sixth Circuits that held that sights and sounds that pervade the work environment may constitute sex discrimination, it is likely other circuits may follow suit.Continue Reading When Harmony Becomes Hostile: The Ninth Circuit Notes that Offensive Music in the Workplace Can Constitute Harassment
Beginning in 2020, Nevada and New York City will restrict an employer’s ability to screen job applicants for marijuana use. As marijuana legalization spreads across the country, other jurisdictions will likely follow suit. Employers, especially those that recruit in Nevada and NYC, should review their drug testing and hiring practices now to stay compliant.