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The type of music employers play at the workplace could form the basis of a sex harassment claim under Title VII of the Civil Rights Act of 1964, according to a recent decision of the Ninth Circuit in Sharp v. S&S Activewear, LLC. The Sharp opinion presents two key lessons for human resources professionals and employers.
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First, the fact that the music was not directed at the plaintiffs (all employees could hear it) was not fatal to the claim. In other words, the “atmospherics” of a workplace can be actionable discrimination if they are so pervasive as
