Labor & Employment Law

Nearly Naked Fashion Exec Claims Legitimate Business Purpose

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A fashion industry executive who is about to face a sexual harassment trial largely focusing on his workplace attire—or lack thereof—claims there was a legitimate business purpose for appearing at meetings in his underwear, and, on occasion, even skimpier outfits.

Because he worked as a fit model, and was designing an underwear line, there was a legitimate business reason for him to appear at work meetings in the office and elsewhere wearing only his underwear, contends Dov Charney, the founder and chief executive of American Apparel Inc. Furthermore, lawyers for the casual fashion giant contend in court briefs that the “sexually charged workplace” Charney created was appropriate “where employees of both genders deal with sexual conduct, speech and images as part of their jobs” because of the suggestive marketing routinely used to sell the company’s garments, reports the Los Angeles Times.

The Los Angeles Superior Court suit against Charney and his company is the fourth sexual harassment complaint brought against him, according to the newspaper. Charney, who has also reportedly masturbated in front of a magazine reporter interviewing him in 2004, denies wrongdoing concerning all of the four cases. Two of the previous suits have been settled, and a third was dismissed.

The plaintiff in the current litigation, former saleswoman Mary Nelson, contends she was wrongfully terminated because of the hostile work environment created by Charney’s sexually explicit language and inappropriate behavior. The defense says she didn’t do her job well, and Charney contends his language and practices are largely consistent with the environment in other fashion companies.

“I weigh 155 pounds, I’m five-10. Am I not fit? Is there any job that is not appropriate for me to do? All the big guys did exactly what I do. Versace—they all wore their own bathing suits,” he says, referring to designer Gianni Versace, who was murdered in 1998.

Nelson’s lawyer, Keith Fink, see’s Charney’s conduct differently. “Not only does he admit to virtually all of the outlandish allegations in this case, he’s somewhat proud of how he comports himself in the workplace,” Fink tells the New York Post. “That’s what I find so shocking.”

NBC News: “Sexy marketing or sexual harassment?”

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