By Ty Hyderally, Esq. and Walter Gonzalez, Esq.

September 21, 2025

If you work in the music industry, whether in a recording studio, a club, on tour, or backstage, you already know that music isn’t just entertainment, it’s part of the workplace. But here’s the reality: sometimes the music playing around you isn’t just “atmosphere.” If it’s offensive or degrading, it may cross the line into a hostile work environment, and you have rights under the law.

A very interesting case came out of the Ninth Circuit in 2023 that warrants review.  In Sharp v. S&S Activewear, eight former employees sued S&S Activewear for discrimination based upon the fact that the employer blasted music throughout the 700,000 square foot warehouse in Reno, Nevada on commercial speakers.  The plaintiffs were comprised of 7 women and 1 man who contended the music was misogynistic and sexually graphic and offensive.  They contended the music was played at such a loud level that they could not escape it.  Some examples of the allegedly offensive music were songs by Too $hort (Blowjob Betty) and Eminem (Stan).  The Plaintiffs contended these songs glorified prostitution and supported extreme violence against women.  Employees made daily complaints, but despite this, S&S Activewear took no action.

Finally, Sharp filed the lawsuit contending that S&S Activewear’s actions violated Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000e et seq.  Most practitioners looking at this fact pattern would think that the conduct may not be actionable due to what is commonly known as the “Equal Opportunity Asshole” defense. What this theory alludes to is that a bad actor who acts equally badly towards men and women can’t harbor an actionable discriminatory animus against a particular gender.

For this reason, the District Court dismissed the case. The Plaintiffs appealed to the Ninth Circuit that disagreed.  The Ninth Circuit held that “harassment, whether aural or visual, need not be directly targeted at a particular plaintiff in order to pollute a workplace and give rise to a Title VII claim.” The Court thus held that just because the conduct was offensive to both men and women, it did not mean an employee could not pursue a Title VII claim.  The Court specifically rejected the “Equal Opportunity Asshole” defense and noted that an equal opportunity harasser was not an escape hatch for liability.

Why This Matters in New Jersey Right Now

New Jersey has always been a music state. From the Asbury Park scene that launched Bruce Springsteen, to Newark’s jazz and R&B heritage, to today’s booming festival and concert culture, music is part of the state’s identity. Every year, large-scale events like Sea.Hear.Now in Asbury Park, major stadium concerts at MetLife Stadium, and sold-out shows at the Prudential Center in Newark draw thousands of performers, crew members, and support staff.

With more people working in these environments than ever before, the stakes are higher. The atmosphere may feel casual or even celebratory, but employees are still at work—and the law still applies. As New Jersey’s music industry expands, employees need to understand their rights in environments where “culture” and workplace protections can easily collide.

What You Can Do as an Employee

• Know your rights: You don’t have to tolerate an environment that demeans you or others based on a protected category.
• Document what’s happening: Keep track of dates, times, songs, and any related comments. This record matters if you raise the issue.
• Speak up internally: Many employers have anti-harassment policies. Raise the issue to HR, management, or your union rep if you’re unionized.
• Seek outside help: If nothing changes, or if you face retaliation, you can consult with an employment attorney about your options under the LAD.

Bottom Line

For employees in the music industry, the lines between culture and workplace can blur. But your rights don’t stop at the studio door, the club, or the stadium gates. Whether you’re an artist, a sound engineer, a lighting tech, or part of a touring crew, you deserve a work environment that respects you.

If the music around you turns toxic, you’re not powerless. The law is on your side, and you have options to protect yourself.

If you feel that you are being a target of discriminatory treatment, or if you have any questions regarding your rights as an employee, you should seek out an experienced attorney who concentrates in employment law. Our firm has been concentrating in employment law for over twenty-two (22) years!

En nuestra firma hablamos español. This blog is for informational purposes only. It does not constitute legal advice and may not reasonably be relied upon as such. If you face a legal issue, you should consult a qualified attorney for independent legal advice about your particular set of facts. This blog may constitute attorney advertising. This blog is not intended to communicate with anyone in a state or other jurisdiction where such a blog may fail to comply with all laws and ethical rules of that state or jurisdiction.