As we reported last week, the retailer has denied accusations made by the media blog -- quoting unnamed former employees -- that it hired people based on their looks.
Now, Gawker claims that a new confidentiality agreement will punish American Apparel employees with a million-dollar fine if they blab company details or speak to the media, the site alleges.
(Damn! Either that amount seems really high or folding fluorescent unitards pays better than we think.)
"You understand that the Company is a high-profile publicly traded company that is vulnerable from a media perspective," states the hiring document, reportedly handed to Gawker by a "tipster."
"You also understand that that the Company's Chief Executive Officer, Dov Charney, is considered an international business celebrity and has become one of the most recognized CEOs in the fashion industry."
Er, no comment.
"You agree not to photograph or record Dov Charney or any of his residences and/or publish or distribute the same unless Dov Charney consents thereto in writing prior to any such disclosure or publication," the alleged document continues.
"In the event that you are contacted by a journalist, a representative of the media, or other third party who requests an interview or requests that you disclose or confirm or deny the veracity of any of the Confidential Information, you shall reject said request and/or issue a 'no comment' statement, and you shall immediately advise the Company thereof.
"Further, you agree not to disparage the Company or Mr. Charney in public or online on blogs or any other similar media.
"Further, you understand and agree that all communications concerning Confidential Information in public, even with fellow employees of the Company, that are or reasonably could be overheard by a third party (e.g., and without limitation, in bars and restaurants) shall be deemed a breach of this Confidentiality Agreement."
Well there goes happy hour.
"In the event of any breach by you (or your agents) of this Confidentiality Agreement, you shall pay as liquidated damages, and not as a penalty, the sum of One Million Dollars ($1,000,000) for each such breach, which the parties agree represents reasonable compensation for the harm incurred as a result of such breach," the document says.
Ouch. Not too surprisingly, our request to American Apparel for comment went unanswered.
But take heart, blabbermouths. According to a lawyer consulted by Gawker, the $1 million penalty is "unlikely" to be enforced.
Duct tape, however, can easily be arranged!
In more promising career news, Disney theme park employees are enjoying new fashion freedom.