Friday, May 25, 2012

Too Busty to Work Here? - COTW #93

Another day, another awesome employment law dispute. Lauren Odes claims she was fired from a lingerie company because her breasts were too distracting. I know what you're thinking . . . "I'll be the judge of that!" Go ahead and click the link to see video footage - but come back!

Back? Okay. She claims the store told her to cover up, tape her breasts down, and then made her wear a giant bathrobe. The supervisor allegedly told Odes that she could wear a sweater that went to her ankles instead. As she was shopping for one, the call came in - she was fired. Now, Odes claims religious and sexual discrimination.

The article claims Odes "filed suit against Native Intimates with the Equal Employment Opportunity Commission," which I take to mean "filed an EEOC charge," but it's not clear. Readers will no doubt be shocked to discover that Gloria Allred is on the case.

This case may remind readers of Debrahlee Lorenzana who claimed she was fired for being too hot. In another shocker, that was a Gloria Allred case too. But prepare for the ultimate shock . . . Lorenzana now claims Allred only gave her case attention to attract interest from the media! *GASP*

In theory, an employee could prevail on this "too hot" theory. For example, if a dress code (or ad hoc dress code) were implemented in a manner that discriminates against women. Or, if gender stereotyping was a factor.

Religious discrimination though? Maybe if your sincerely held religious beliefs required exposing your breasts . . . or that covering your breasts was somehow imposition of management's religious beliefs. That seems like a stretch though. Here's how Odes herself frames it:
I do not feel an employer has the right to impose their religious beliefs on me when I'm working in a business that's not a synagogue, but sells things with hearts on the female genitals and boy shorts for women that say hot in the buttocks area.
I guess we'll see how it goes.

HT: My mom via email (not kidding).