A woman claims she had a job offer withdrawn after bosses discovered a racy lesbian photograph on her Instagram page, The Mirror reports.
According to Samantha Chirichella, she was due to start a £47,000-a-year job as a staff investigator in the legal services department of an energy firm before the picture surfaced during a background check.
The photo which made her lose the job was taken three years ago, shows the 26-year-old lying naked on her side with another woman who’s upside down as they kiss the other’s nipple.
The woman has now sued the company, Samantha, from Long Island, New York, said in papers filed in Manhattan Supreme Court that the picture is art, not porn, and it was shown in a gallery as part of an art show that featured her friend’s photography.
The racy picture shows Samantha sucking another woman’s breast
She claims that the employer, Consolidated Edison, has actually revoked the job offer because of her “sexual orientation”.
“The work was no more sexually explicit that the works of DaVinci, Titian or Michaelangelo, and less explicit that photos published in Sports Illustrated,” her lawyer, Arthur Schwartz, says in court papers, according to the New York Daily News .
The suit charges that the company discriminated against her for her sexual orientation because in the comment section of the Instagram post another friend asked Samantha about the photo and if she was a lesbian and she indicated she was.
The Mirror reports that a Con Ed spokesman said they are reviewing the case.