Woman fired over social media posts showing ‘too much skin’

The scenario: A female employee posted several photographs to her Instagram account. Two of the photographs showed her wearing a company uniform. The others included one with her in a bikini, one with her wearing hosiery and another revealing part of her breasts.

After a coworker alerted the woman’s supervisor to the photographs, the woman was called into a meeting and told that the photographs were suggestive and that she was showing “too much skin.” The employee believed she was being targeted because of her gender.

The woman was ordered to remove the photographs from her Instagram account. She took down all but one of the photographs. She was fired.

Legal challenge: The woman sued for gender discrimination. She pointed to three male employees who’d also posted suggestive photographs to their Instagram accounts, including one in which a man was almost nude. All three accounts for the men also included photographs of them in uniform. One of the male workers was given a written warning, but the other two men weren’t disciplined.

The ruling: The company lost. The court refused to dismiss the case. The judge said the woman produced adequate evidence that she was treated differently because of her gender, noting that three male comparators engaged in conduct substantially similar to what the woman had done but weren’t fired like she was.

The skinny: Consider periodic reminders to your crew members about your employer’s social media policy. Make sure everyone understands what type of content is appropriate for social media and what sorts of posts might violate the social media policy.

Cite: Wawrzenski v. United Airlines Inc., Court of Appeal of California, No. B327940, 10/22/24.

(From the Nov. 1, 2024, issue of HR Manager’s Legal Alert for Supervisors. To start your no-obligation trial subscription to the publication right now, please click here.)