MUSIC MADE IT A SEXUALLY HOSTILE WORKPLACE?
According to a press release issued by the U.S. Equal Employment Opportunity Commission (EEOC), Erie Construction Mid-West, LLC, a construction company based out of Toledo, Ohio, has settled a sex discrimination and retaliation lawsuit filed by the agency.
Apparently, the company purportedly subjected a female sales rep to music which contained “sexually derogatory slurs.” And while she objected to that content, her complaints went ignored. (She was later reportedly terminated because of “her sex and her opposition to the hostile work environment.”)
Believing that such conduct violated Title VII of the Civil Rights Act of 1964, as amended (Title VII), the EEOC filed suit (EEOC v. Erie Construction Mid-West LLC, case no. 3:23-cv-02060-K) in the United States District Court for the Northern District of Texas, seeking monetary damages and injunctive relief.
In addition to paying $99,000, the company has agreed to other undisclosed relief – which likely included injunctive relief and the modification of the company’s policies and practices.
In a written statement, EEOC Birmingham District Director Bradley Anderson noted that, “The prolonged playing of music containing lewd and misogynistic lyrics in the workplace can constitute harassment even if not directed at a particular employee …. Employers should take complaints of harassment seriously when confronted by employees to stop the music or risk a valid complaint of retaliation as was the case here.”
Marsha Rucker, regional attorney for the EEOC’s Birmingham District, added, “Under Title VII, employers must ensure that their workplaces are free from unlawful harassment because of sex—whether that harassment takes the form of physical aggression, unwanted comments, or derogatory music. The EEOC will continue its work to ensure that all workplaces are inclusive and free from unlawful harassment.”
Do you think they’ll be able to build on that?
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