What sort of professional would even want to work at a company with an office "smush room"? Before the issues of discrimination and harassment come up, the smell of the place must be appalling.
Were the employees made aware of the culture during the hiring process?
Discrimination is illegal, but the idea of a "culture notice" that could be used to pre-emptively counter that seems interesting. How would that work in practice? Would it be a clause on the employment contract?
"Section 13. Culture.
The company has a Fuck Room ("the Room").
No one ever got fired for joining a co-founder in the Room."
What you're probably thinking of here are certain workplaces where sexually explicit material or discussion is inherent to the work -- say, a porn studio -- and an employment contract might include a disclaimer to that effect. Even that wouldn't preempt a lawsuit over sexual harassment in the workplace, though; it'd merely raise the bar.
Actually I know that contracts can't override the law. I was just trying to make a joke about the grandparent poster's strange use of the word "culture" in this context.
I think perhaps you haven't read the legal complaint in the article. This isn't a culture fit issue. Read the legal document and imagine your mother working there.