Mahany & Ertl

by Brian Mahany

One hit wonder Right Said Fred had a minor hit a few years ago with his song “I’m too  Sexy for My Shirt.”    Now a New York court now gets to decide if former Citibank banker Debrahlee Lorenzana was literally fired for being too sexy for her shirts.  According to her lawsuit, Lorenzana claims that she was fired because her branch manager thought her outfits were too distracting to male co-workers.

Businesses have the right to establish dress codes but those requirements must be reasonable and uniformly enforced.  Lorenzana claims that managers told her that female co-workers were allowed to wear what they wanted because they were not attractive. She claims, however, that she was specifically forbidden to wear  heels and tailored business suits because her shapeliness made those clothing choices “too distracting” for co-workers and managers.

For its part, Citibank denies the allegations.

What does this mean for employers and employees? As noted above, courts will uphold reasonable dress codes. For example, no one would argue that bathing suits can be banned from the office. If a dress code is implemented, however, managers must insure that it is uniformly applied.  Make different rules because of someone’s figure and a costly lawsuit may result.

–

Brian Mahany and Mahany & Ertl represent workers who suffer from discrimination or sexual harassment. We handle discrimination cases throughout Wisconsin and have successfully represented clients before state and federal courts, the Equal Employment Opportunity Commission (EEOC) and the Wisconsin Equal Rights Division. Attorney Mahany also represents workers in Maine and before the Maine Human Rights Commission.

Call attorney Brian Mahany or Christopher Ertl today for more information. We will gladly meet with you and help you determine whether you have a case.