June 20, 2023

Munger, Tolles & Olson Partner Katherine Forster Discusses Precedential Ninth Circuit Ruling Involving Offensive Music in the Workplace

Munger, Tolles & Olson partner Katherine Forster was quoted in Law360’s recent article “9th Circ. Stance On Offensive Music Will Reverberate.”

The article focused on the Ninth Circuit’s decision that blaring music with misogynistic lyrics in a workplace can support a sexual harassment claim even if it affects workers beyond one specific group.

Ms. Forster discussed the implications of the ruling and how it may be interpreted in future litigation. According to Ms. Forster, the Ninth Circuit’s decision does not mean employers will be held liable just because a song with offensive lyrics is played in the workplace, but rather it will support claims where pervasive conduct was not stopped by an employer. She noted that repeated and prolonged exposure was what led here to liability.

Read the article.