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US Court Rules That Playing "Stan" or "Blowjob Betty" In The Workplace is Sexual Harassment

US Court Rules That Playing "Stan" or "Blowjob Betty" In The Workplace is Sexual Harassment

Published Wed, June 21, 2023 at 12:27 PM EDT

While freedom of speech is often an MC's greatest weapon, that lyrical content isn't necessarily protected in the workplace.

The Ninth US Circuit Court of Appeals recently ruled in favor of eight plaintiffs who brought a suit against S&S Activewear in Reno, Nevada, who alleged that "its managers and employees routinely played 'sexually graphic, violently misogynistic' music throughout its 700,000-square-foot warehouse."

Furthermore, according to the plaintiffs, "The songs’ content denigrated women and used offensive terms like 'hos' and 'bitches.' Songs like 'Blowjob Betty' by Too $hort contained 'very offensive' lyrics that 'glorifie[d] prostitution.' Likewise, 'Stan' by Eminem described extreme violence against women, detailing a pregnant woman being stuffed into a car trunk and driven into water to be drowned."

The Ninth US Circuit Court of Appeals in San Francisco cited other cases which found "the use of sexually degrading, gender-specific epithets, such as 'slut,' 'cunt,' ‘whore,' and 'bitch,' has been consistently held to constitute harassment based upon sex."

"Although we have not before addressed the specific issue of music-as-harassment, this court and our sister circuits have recognized Title VII redress for other auditory offenses in the workplace and for derogatory conduct to which all employees are exposed," the court wrote in their decision.

In April, The Restoring Artistic Protection Act (Rap Act) was reintroduced to congress. If passed, the RAP Act would limit the use of lyrics and creative expression as evidence in court, a common practice that disproportionately affects the rap community.

“Prosecutors, judges, and juries have decided that rap lyrics are autobiographical, they're like diaries,” Erik Nielson, co-author of Rap Lyrics on Trial told Rock The Bells earlier this year. “No other fictional artform is treated that way. And there are plenty of other genres that are replete with violence, whether it's gangster movies, novels, hardcore punk, or horror."

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