A woman fought a major energy company who withdrew a $70,000 job offer after they found pictures of her barebreasted and kissing another woman online - and won.
Con Edison, a large energy firm in New York, rescinded Samantha Chirichella's lucrative job offer after a background check turned up the risque snap.
The 26-year-old alleged in a lawsuit that a comment next to the picture on Instagram, which said that Ms Chirichella was a lesbian, was the real reason the company withdrew the offer.
Arthur Schwartz, Ms Chirichella's lawyer, arguged the image was not offensive, and "no more sexually explicit than the works of da Vinci, Titian or Michaelangelo - and less explicit than photos published in Sports Illustrated," he told the New York Daily News.
The image was taken for an art exhibit three years previously and shows Ms Chirichella apparently kissing the nipple of a woman in a shot that does not show her face.
In court, Ms Chirichella said the photograph had been included in an artist's galley and was not pornographic - but art.
She claimed the energy company was really discriminating against her because it thought she was a lesbian.
Con Edison have now "reviewed their decision carefully" and decided to hand Ms Chirichella the job.
A statement from the company said: "Con Edison is committed to maintaining a workforce that promotes diversity, inclusion and equal opportunity in compliance with all state, local and federal hiring laws.
"We reviewed our decision carefully and decided to offer the job to this applicant."
It added it was "taking a closer look at our screening process".
The company, which first began operating as the New York Gas Light Company in 1823, has previously been accused of paying more in lobby fees to Congress than in income taxes.
