Samantha Chirichella, 26, was offered a job at energy company Con Edison in February of this year.
Her suit claims that she had “excellent references from prior employers” and initially passed her background check.
In March, Con Ed rescinded the job offer after they found “sexually explicit material” on her Instagram profile.
Image via Instagram @schirichella.
The photo was taken as part of an art exhibition three years prior, and depicts Chirichella kissing the nipple of another woman. Chirichella argued in court that the image was in no way pornographic, but "a recognized piece of fine artwork from a gallery show of a friend."
Her team stated that the photo is "no more sexually explicit than works of Da Vinci, Titian, or Michaelangelo, and less explicit than photos published in Sports Illustrated."
— Con Edison (@ConEdison) April 28, 2016