A ruling by a federal appeals court has cleared the way for a lawsuit alleging sexual harassment/discrimination in the workplace to proceed against S&S Activewear (asi/84358), the third-largest supplier in the North American promotional products industry.

The suit was brought by eight former S&S employees – seven of them women – who assert they were subjected to a hostile work environment in the supplier’s Reno, NV distribution center because rap music with what was described as misogynistic lyrics was allegedly allowed to blare in the facility.

Chief U.S. District Judge Miranda Du had previously dismissed the lawsuit, in part on the grounds that the actions were offensive to both sexes and therefore could not constitute sex discrimination, as well as that the music was audible throughout the warehouse, which nullifies discriminatory potential.

However, the Ninth U.S. Circuit Court of Appeals in San Francisco felt otherwise.

In a 3-0 vote, the court ruled on June 7 that the suit may be reinstated, saying that “offensiveness to multiple genders is not a certain bar” to a sexual discrimination in the workplace claim and that harassment, “whether aural or visual, need not be directly targeted at a particular plaintiff to pollute a workplace” and give rise to a potential case of employment discrimination.

“The district court erred in rejecting (the plaintiff’s) hostile work environment claim as incurable and legally deficient,” wrote U.S. Circuit Judge M. Margaret McKeown in the ruling. “More than offhand foul comments, the music at S&S allegedly infused the workplace with sexually demeaning and violent language, which may support a Title VII claim even if it offended men as well as women.”

As the legal matter is ongoing, S&S was not able to comment at length on the case. However, company leaders emphasized that inclusivity and fostering a workplace environment in which all are comfortable and valued is part of the firm’s core identity.

“We strive to make our workplace both safe and inclusive for all, while ensuring our team members feel respected, fulfilled and motivated,” S&S said in a statement to ASI Media. “We remain confident that the U.S. District Court will once again determine – as previously concluded in 2021 – that the plaintiffs’ suit is without merit.”

The S&S case also may involve an Appeals Court first regarding music in the workplace in relation to alleged harassment. “Although we have not before addressed the specific issue of music-as-harassment, this court and our sister circuits have recognized Title VII redress for other auditory offenses in the workplace and for derogatory conduct to which all employees are exposed,” McKeown noted.

According to the plaintiffs, music of a “sexually graphic, violently misogynistic” nature was allowed to be played in the 700,000-square-foot Reno facility. Lyrics allegedly referred to women as “ho’s” and other derogative terms. Songs included Eminem’s “Stan,” which contains lyrics detailing a pregnant woman being killed by a suicidal man. The plaintiffs assert the music was played through commercial-strength speakers that were placed in different locations in the warehouse.

In court papers, it’s alleged that sometimes employees placed the speakers on forklifts and drove around the warehouse, “making it more difficult to predict – let alone evade – the music’s reach.”

The plaintiffs assert that the music served as a catalyst for abusive conduct by male employees, who allegedly “pantomimed sexually graphic gestures, yelled obscenities, made sexually explicit remarks, and openly shared pornographic videos.”

The plaintiffs maintain men and women workers were offended by the music, but that the songs were allowed to continue to be played despite complaints.