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May 19, 2006
The Story of the Swimsuit Model, Bank Vice-President
Here's another instance of an employer unncessarily interfering with the lawful off-duty activities of one of its female employees.
The reason why this case especially sticks out is because the female employee in question was a high-level bank vice-president and she was fired for modeling the latest swimwear in the Lifestyles section of the local newspaper. Not exactly scandalous behavior.
From the PlanSponsor.com story:
The Chattanoogan reports that Sheri Doub is suing Citizens Tri-County Bank and bank officials Glenn Barker and C. Ann Smith. According to the suit, the same day Doub's picture appeared in the lifestyle section of the Chattanooga Times Free Press along with other young women modeling the latest in swimwear, Barker and Smith came to her and told her she was terminated.
She said she was told by Barker "she ought consider a career in modeling, since she would no longer have a career in banking," according to the Chattanoogan. Doub said she was also told the photo had caused the bank "great embarrassment."
Now I don't believe that Tennessee has an off-duty activity statute that would protect the employee here in engaging in this rather harmless, off-duty activity. Unfortunately, as the law currently exists, there is probably little an employee like this can do to fight against the moral scruples of her employer and the law protects, with a few notable exceptions, the employer generally in running its business as it sees fit.
But even though the employee here probably does not have a claim (unless she can show somehow gender discrimination which seems unlikely under the circumstances), it does not stop me from telling the bank officials that they really ought to get a life.
PS
May 19, 2006 in Labor and Employment News | Permalink
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Comments
You think it's *not* a strong case for gender discrimination? I admit it's not a clear-cut case as far as the life-needing officials' failure to outright tell her that what they were doing was illegal ("You're fired because you were a woman! Also: strumpet!"), but this does *not* look like a case I would want to have to defend to a jury.
If it were to get past a motion to dismiss, I would tell the bank to settle. Heck, I'd tell them to settle as soon as a serious lawsuit was filed. Bad enough that they're idiots. Idiots with a punitive award would be especially undesirable.
Why is it a gender discrimination case? Because they wouldn't have fired a man for appearing barefoot and wearing shorts and a short-sleeved shirt in a newspaper, because they would have seen it differently. And no, the proper comparator would not be the hypothetical man wearing Speedos. She was dressed modestly, no? So compare the percentage of skin revealed, perhaps. Or just depose the idiots for admissions of gender bias.
Posted by: Eh Nonymous | May 22, 2006 12:06:31 PM
The reason I thought this would not be a good case for gender discrimination is that there would have to be *some* evidence that a similarly situated male employee would have been treated differently. And although I agree it does not have to be a speedo type situation, it is doubtful that a similar circumstance has arisen among the male employees at the bank.
All that being said, deposing the self-righteous bank officials may get the evidence you need, as you suggest. But they might be well counseled by their attorneys to keep to the "your embarrassing the bank" line, and that may be enough.
Posted by: Paul Secunda | May 22, 2006 12:43:25 PM
