Clothing Retailer Facing Alarming Sex Harassment Claims

September 14, 2012, by Okorie Okorocha

A male model is suing a clothing chain giant and an agent, after he says he was taken advantage of during a photo shoot last year. fashion.jpg

Los Angeles Sexual Assault Lawyers understand that the victim in this case didn't initially recognize the actions as sexual harassment. This was the cause for the delay in reporting the incident, which involved a directive for him to strip naked and masturbate in order that he might appear "more relaxed" for the photo session.

He just knew that it made him uncomfortable. He knew he felt taken advantage of. But no one had touched him or physically forced him to do anything, so he felt ashamed and internalized the blame.

This is not uncommon for sexual harassment victims. They want to believe that they are somehow misinterpreting what is happening or that perhaps they are overreacting. They may recognize a behavior or pattern of behaviors as inappropriate, but they may not necessarily categorize it as sexual harassment.

Of course, there is no cookie cutter, one-size-fits-all picture of what sexual harassment is. Legally, though, it's defined as:

Unwelcome visual, verbal or physical conduct of a sexual nature that is either pervasive or severe and affects the work conditions or establishes a hostile work environment.

It's a fairly broad definition, and it involves everything from comments about clothing to leering at someone to displaying overtly sexual posters or screensavers. And of course, it includes unwanted physical touching and sexual propositions. An instruction to masturbate in front of a superior without question falls into the realm of sexual harassment.

According to the 41-page complaint, the model reportedly was employed by Abercrombie & Fitch and Hollister Co. Of course, this is a company that has become quite famous for its racy marketing, which often showcases models that are scantily clad.

This may have made the photographer's request initially seem less outrageous than it might have otherwise. While the photographer wasn't directly employed by the clothier, he was highly recommended by the company. The 18-year-old model was reportedly encouraged to work with him in order to bolster his photo portfolio.

The photographer told the model that he had tried various methods in order to have models get a certain "look" for the camera. This "look," the photographer insisted, was what was required by all of the major modeling agencies.These methods he employed included plying them with alcohol, even though they were underage. But he indicated that the most effective method was masturbation, capturing their expressions just prior to orgasm.

The photographer further told him that if he did not submit to this demand, the representatives of Abercrombie would be "mad" at him. according to the allegations. The model said he was confused and worried that he would not advance in the industry if he did not follow this directive.

Following the shoot, the model claims that the photographer exposed himself, saying he wanted to compare members.

Again, this all seems like outrageous behavior, but in context of what was happening and the industry in which it occurred, it is not a stretch to believe that the model did not understand what was happening at the time - or his rights.

The model is seeking more than $1 million for fraud, deceit, sexual harassment, breach of contract, breach of fiduciary duty, negligent supervision and infliction of emotional distress.

If you have been a victim of sexual harassment in Los Angeles, contact The Okorocha Firm at (310) 497-0321 .

Additional Resources:
Abercrombie & Hollister Face Alarming Suit, By Matt Reynolds, Courthouse News, Los Angeles

More Blog Entries:
Sexual Harassment, Gender Bias, Alleged at Large Tech Firm, July 28, 2012, Los Angeles Sexual Assault Lawyer Blog