Depending on where it was done, drinking beer topless on a beach is neither illegal nor destructive. How does it show she would make a better or worse employee than anybody else?
Just make your MySpace page private if you don't want people to see it.
It's called character and maturity. If you have a choice between two canidates, one of whom you have half-naked beer-drinking pictures of, and one you don't. Which canidate, from your information, appears to be more mature and strikes you as the type of person who's likely to show up to work on time & be reliable & hardworking? Which canidate looks like a partying floozie who's likely to show up with a hangover? Image, my friends. Image.
The image you project to the world is the image others are going to see! If you don't want people to think you're a beer-drinking floozy, then don't have pictures online of you drinking beer half naked! Employers have the right to research their prospective employees, let the information they see be complementary!
I don't know... you can't always judge people by the actions they take in their private life. For all the employer knows, the topless girl is probably a better, smarter person. The other candidate might be a work 9-5 and get the job done kind of person while the drunky is the one working OT and putting in the extra effort.
People are stupid - all you need to do is make your MySpace page set to "private" so that the public can't see it.
As a former hiring manager it is more likely to work against you if you are ugly - than what your pictures show. I had a girl who admitted in an interview to touching a male stripper - she still got the job. Why you ask? Cause she was good for it, and it is not like she is the only one who has done that - just the only one who would admit it - I like honest people.
The thing about a right to work state is you can also fire or not hire somebody for no reason at all. All the employer has to do is look them up but don't tell them why they were either fired or not hired.
"We just feel that you are not the right candidate for the job"
which a person needs a university email address for.