Don't Underwear Execs Always Have More Harassment Lawsuits?

I'm not big into citing employment law and lawsuits here at the capitalist, even though it's a part of my normal day while running a HR shop.  Still, at times, the lawsuits and the ways companies defend their cultures is too good to pass up.

So, here's the fun one this week, with the following setup.  Dov Charney is a founder and CEO of  American Apparel, which is, well, an underwear company.  As an underwear company, you expect to see pictures of thinly clad, fit guy and gals, right?  Sure you do.  Do you also expect the CEO to be parading through the factory modeling the underwear?  No?  What if I told you the CEO did that because he said he "was one of the company's most fit models". 

Suddenly the HR gig at the office park/call center/chicken processing plant doesn't seem that bad.  Need more?  Read on, HR nation, then click through for a real life freak show From Portfolio:

"Maybe someday Dov Charney will be known as a tireless crusader for immigrant workers’ rights, but until then his current wicked reputation will probably remain in place. Mention him and people make a sound of distaste and then ask if he is really an exhibitionist-pornographer. This mantle is one that Charney both encourages and abhors but is hard-pressed to shrug off. The public has reacted strongly to the images of out-of-control carnality beamed down from American Apparel’s billboards and splayed across its ads, often photographed by Charney himself, that show young bodies in various states of undress, sporting his company’s clothing.

Since the 2004 article was published, four female employees of American Apparel have filed three lawsuits against Charney. One suit was settled; another was dropped; and the third, by former sales representative Mary Nelson, 36, alleges that Charney wore a skimpy thong that barely covered his privates. During Nelson’s initial job interview, which was held at Charney’s home, she says he referred to female employees as “sluts.” Nelson’s attorney, Keith Fink, told the Los Angeles Times that she was wrongfully terminated after she consulted with a lawyer. The suit was sent into binding arbitration at the beginning of the year; a settlement has not yet been reached.

He concedes that there was one point when he ran through the factory wearing his underwear, but says it was to entertain staff and film a spoof video. In a deposition, he said he “frequently” had been in his “underpants” because he was “designing an underwear line” while Nelson was working at the company. He says, “I’m very proud of my underwear.”

Still, Charney hasn’t denied the majority of the allegations. His own lawyers have stated in court documents that “American Apparel is a sexually charged workplace where employees of both genders deal with sexual conduct, speech, and images as part of their jobs.” Charney has said that his behavior is the norm in the fashion industry and shouldn’t be considered harassment. He points out that in addition to being the company’s creative director, he is also one of its fit models—a simple explanation for why he would stride around his offices half-dressed. He has said that the real reason he had the underwear on was to show his employees and ask them how it looked. He has also said he “test-drives” the underwear to see how it fits “in action.”

Somehow, I don't think the CEO of Hanes or Ralph Laren is running around the factory/office in his/her skivvies.  I don't think dealing with this type of CEO is covered in the SPHR materials from SHRM, is it?

To be fair, you should read the article from a development standpoint.  After you get past the harassment-thick culture, there's actually some interesting thoughts on immigration and doing garment factories the right way (starting pay - $12) in the USA.

But before I cut him some slack, remember - He says he “test-drives” the underwear around the office to see how it fits “in action.”

Dude...You could have the cure to cancer, and no one would respect you with that kind of rationalization...   

Comments

[Joel Kimball]

This is just weird. You sure this company HAS an HR dept?