“I’m Too Sexy” Employment Law

There’s been much commotion over Debrahlee Lorenzana’s claim she was sexually harassed at Citibank for being too sexy. (Here, here, and here.) It brought to mind Right Said Fred’s 1991 hit I’m Too Sexy. The tongue-in-cheek song is about a model, and, though sung by a male, one could surmise that he’s actually singing about a female whose so sexy, she won’t give him the time of day. “I’m too sexy for my love . . . shirt . . . shirts . . . Milan . . . New York . . . Japan . . .  your party . . . my car . . . hat . . . cat . . . this song.”

Ms. Lorenzana doesn’t claim to be too sexy. She claims her male bosses thought she was too sexy — so sexy, in fact, they couldn’t concentrate. She was told to eliminate turtlenecks, pencil skirts, three-inch heels, and fitted business suits. Though other women employees wore more revealing clothes than she did, her bosses said it wasn’t her clothes that drove them to distraction. It was her shape. The prohibited clothes drew even more attention to her shape and made men lustfully non compos mentis. She wouldn’t agree to a clothes change, so she was fired.

Most observers have ridiculed Ms. Lorenzana’s claim. She doesn’t have much of a sexual harassment claim, but a sex discrimination claim is a different matter. She was treated differently than any male was ever treated at Citibank. At least, that’s the argument, and without knowing anything else about this matter, I’d bet she has a shot at proving it.

Lorenzana has recently landed in more hot water because of the publicity she’s getting. She’s been on Today and Good Morning America. It wouldn’t surprise me if she’s offered her own show. But her present employer, JP Morgan Chase, isn’t taking kindly to her new fame. It doesn’t comport with a bank’s desired image. I’ll let someone else analyze her prospects against Chase should she be fired. I just can’t think about it any more.