A Long Island woman is suing Con Edison for discrimination after the company rescinded its job offer due to a three-year-old photo on her Instagram profile.
Samantha Chirichella, 26, was getting ready to start her $70,000 per year job as a staff investigator in Con Ed’s Legal Services department until a photo of her baring her breast on Instagram was discovered during a background check, according to the New York Daily News.
The photo shows a mirror image of a woman kissing a naked breast. It was deemed "sexually explicit material" by Con Ed in March, the New York Post reported.
In court documents filed in Manhattan Supreme Court, Chirichella states the photo in question is art, not porn. The image was originally shown in an art gallery that featured photography done by Chirichella’s friend.
“The work was no more sexually explicit [than] the works of DaVinci, Titian or Michaelangelo, and less explicit [than] photos published in Sports Illustrated,” Chirichella's lawyer, Arthur Schwartz, said in court documents.
The lawsuit also accuses Con Ed of rescinding its offer because of Chirichella’s “sexual orientation.” In the comments section of the photo, Chirichella reportedly revealed that she is a lesbian.
“We are reviewing the matter now,” a Con Ed spokesman said May 1.