An Ohio-based construction company has agreed to pay $99,000 to settle a claims of sex discrimination and retaliation in a lawsuit filed by the US Equal Employment Opportunity Commission (EEOC).

Erie Construction Mid-West, headquartered in Toledo, Ohio and doing business in Dallas, Texas, subjected a female sales representative to a sexually hostile work environment, according to the lawsuit.

That included playing music with sexually derogatory slurs throughout its Dallas facility.

EEOC claimed that the sales representative opposed the sexist music to no avail. It also claimed that Erie then terminated the sales representative because of her sex and her opposition to the hospital work environment.

The EEOC said that such alleged conduct violates Title VII of the Civil Rights Act of 1964, as amended, which prohibits employment discrimination because of sex and requires employers to prevent and remedy unlawful harassment because of sex. Title VII also prohibits retaliation for opposing unlawful harassment because of sex.

The EEOC filed suit (EEOC v. Erie Construction Mid-West LLC, case no. 3:23-cv-02060-K) in the United States District Court for the Northern District of Texas after first attempting to reach a pre-litigation settlement through its administrative conciliation process. Shortly after filing the lawsuit, the EEOC worked with Erie to reach an early settlement of the litigation.

EEOC Birmingham district director Bradley Anderson said, “The prolonged playing of music containing lewd and misogynistic lyrics in the workplace can constitute harassment even if not directed at a particular employee.

“Employers should take complaints of harassment seriously when confronted by employees to stop the music or risk a valid complaint of retaliation as was the case here.

Marsha Rucker, regional attorney for the EEOC’s Birmingham District, said, “Under Title VII, employers must ensure that their workplaces are free from unlawful harassment because of sex—whether that harassment takes the form of physical aggression, unwanted comments, or derogatory music. The EEOC will continue its work to ensure that all workplaces are inclusive and free from unlawful harassment.”