Firing Employers May be Judgment Proof – What Nudist Employees Need to Know

They may not be as concerned that the nudist employee will harass a co-worker as much as they might be concerned that other employees might harass their nudist co-worker, and not always in a sexual manner.  If this is the case, then they are simply protecting themselves against bearing the responsibility of such harassment claims and implications.

Not Just Schools.

The same would hold true for day-cares, foster parents, nursing homes, small boutiques and stores, and the like.  Some employers, of course, would not mind if an employee was engaging in the use of nude beaches or belonged to a nudist club or other association.  Those types of jobs would be some bars, adult clubs, and the like.

Final Decision.  Who Decides?

The courts have to decide if the right to maintaining a company’s image outweighs an employee’s right to engage in off-work-hours nudity.  This will be something that is very location-specific, with different case law being created in the areas where this comes to litigation.  Precedent doesn’t happen without case law, so just because one of your nudist friends had one set of experiences doesn’t mean your own experiences will be the same, or even similar.

My Own Personal Feelings on the Matter.

I understand that an image is very important to a company and can mean the difference between staying afloat, especially in these recent years, and going under.  I also understand that what people do in their off-work hours shouldn’t overly affect their employability, unless it affects their job performance.  I realize that many companies will state that the reason behind the job performance expectation is that with low levels of performance, the company is expending resources without gaining enough in return.  When their reputation has been affected by continuing to employ someone who has brought certain kinds of attention, that also affects the company in a similar way.  But negative attention might then result from those who believe that firing an employee who happens to also be a nudist is still discrimination.