Discrimination Lawsuit Against S&S Activewear to Move Forward

Following a federal judge’s decision to toss out a workplace discrimination lawsuit against S&S Activewear (Bolingbrook, Illinois), an appeals court has reversed the ruling and is allowing the suit to proceed, the Advertising Specialty Institute reports.

Eight former employees brought the legal action and claim that rap music of a “sexually graphic, violently misogynistic” nature was allowed to be played in company’s warehouse in Reno, Nevada, creating a hostile work environment and constituting sexual harassment and workplace discrimination. Seven of the plaintiffs are women.

Specifically, the plaintiffs allege the music was blared throughout the warehouse via commercial-strength speakers and contained lyrics describing women in derogatory terms, according to the article. Despite complaints, the music continued to play.

They further assert the music inspired abusive conduct by male employees, who allegedly “pantomimed sexually graphic gestures, yelled obscenities, made sexually explicit remarks, and openly shared pornographic videos.”

The suit was initially dismissed by a district court judge who said the music was offensive to both sexes and couldn’t be considered discriminatory, but the Ninth U.S. Circuit Court of Appeals in San Francisco overturned the ruling.

S&S Activewear was unable to comment extensively on the ongoing litigation, but the company provided the following statement to ASI:

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“We strive to make our workplace both safe and inclusive for all, while ensuring our team members feel respected, fulfilled, and motivated. 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.”

Read more at the Advertising Specialty Institute.