Iowa Supreme Court confirms right of employers to fire workers deemed Too Attractive
another potentially dangerous legal precedent ...
(snip)"IOWA CITY, Iowa — The Iowa Supreme Court today stood by its ruling that a dentist acted legally when he fired an assistant because he found her too attractive and worried he would try to start an affair.
Coming to the same conclusion as it did in December, the all-male court found that bosses can fire employees they see as threats to their marriages, even if the subordinates have not engaged in flirtatious or other inappropriate behavior. The court said such firings do not count as illegal sex discrimination because they are motivated by feelings, not gender.
The ruling upholds a judge's decision to dismiss a discrimination lawsuit filed against Fort Dodge dentist James Knight, who fired assistant Melissa Nelson, even while acknowledging she had been a stellar employee for 10 years. Knight and his wife believed that his attraction to Nelson — two decades younger than the dentist — had become a threat to their marriage. Nelson, now 33, was replaced by another woman; Knight had an all-female staff.
The all-male court issued its revised opinion today in the case after taking the unusual step last month of withdrawing its December opinion, which had received nationwide publicity, debate and criticism.
Nelson's attorney, Paige Fiedler, had asked the court in January to reconsider, calling the decision a blow for gender and racial equity in the workplace. She had warned the opinion could allow bosses to legally fire dark-skinned blacks and replace them with light-skinned blacks or small-breasted workers in favor of big-breasted workers.(snip)
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Re: Iowa Supreme Court confirms right of employers to fire workers deemed Too Attract
That's cray! A person can't help that they were born attractive.
I guess these employers are just trying to save themselves from sexual harassment lawsuits or insecure jealous partners stirring problems at home.
If she was that attractive, why did he hire her in the first place?
That really sucks. He should have at least helped her find another job or transfer her to another company but to fire her?!? Because he can't control himself and his impulses? I hope she got some type of severance package or something...
Re: Iowa Supreme Court confirms right of employers to fire workers deemed Too Attract
It blew my mind when I read that too, although if I remember there was a bit more to their particular relationship than just her being too attractive, a ruling like that is such a giant leap backwards for women in the workplace I can barely believe it.
Wives that are that jealous need counseling, not to take it out on people just trying to earn a living.
Re: Iowa Supreme Court confirms right of employers to fire workers deemed Too Attract
that is fucking disgusting..Iowa needs to be fenced off from the rest of the country
Re: Iowa Supreme Court confirms right of employers to fire workers deemed Too Attract
Sad but not surprised. I've known for awhile that someone too good looking will often not be hired. That's why when I was much younger I toned down my hair and makeup for interviews. Looking very beautiful reallyonly works for beauty jobs like stripping and modeling.
Re: Iowa Supreme Court confirms right of employers to fire workers deemed Too Attract
^ True. If a woman is conventionally good-looking, she's a bimbo. If she's not, she's a dyke. Either way she's a slut. We just can't win.
But Paige Fiedler is right. This isn't going to just affect "attractive woman" (not like you can measure such a thing any way). This excuse could be used to fire any woman. I wouldn't be surprised if it ended up affecting more women who don't fit the conventionally attractive stereotypes (like those she mentioned). Although on the flip side, what's the process like for firing someone on these grounds? Do they have to tell them why? I could potentially seeing men hesitant to use it if they have to make any kind of declaration of "sorry, you are a threat to my marriage", especially towards women they are biased against (black women, fat women, whatever*). Especially if it can become public knowledge amongst his peers or spouse. But then again sometimes douche bags like that have no shame!
Anyway, this is so fucked up on so many levels. More pandering to the idea that men can't control themselves, better control the women. This is the same line of thinking that blames women for "getting raped" by wearing certain clothing. Lovely.
Re: Iowa Supreme Court confirms right of employers to fire workers deemed Too Attract
it can be used to fire any man too. no more discrimination or other workplace wrongful termination suits.
'youre doing a great job. an asset to the company. but i find you ...or others in the office do, etc... to distracting'
is another way to say
'i want you gone because youre black, you scare me, you suck but are union, etc.'
Re: Iowa Supreme Court confirms right of employers to fire workers deemed Too Attract
But the thing is it is illegal to fire someone strictly for being black, etc. However this case opens the possibility of finding ways to fire women not attractive or too attractive. I remember a case awhile back where a woman was fired because she didn't wear makeup to work because the company required it (I think it was a law firm but I forget).
Women have it very rough in the corporate world. Last year I went for an interview and the guy asked me if I had kids or smoked because he refused to hire smokers, kids or obese women. I turned down the job because that gave me a creepy vibe. Granted this was a guy from India but still is unacceptable in this country.
Re: Iowa Supreme Court confirms right of employers to fire workers deemed Too Attract
What is really dangerous is the concept of a person having to have a “reason” to dismiss an employee.
Re: Iowa Supreme Court confirms right of employers to fire workers deemed Too Attract
Absolutely ridiculous. And stupid.
You're right Melonie... this does set up a dangerous legal precedent.
As a business owner I just shake my head at the stupidity of this. I mean for fucks sake... if you need to let someone go, either make it about the work, the redundancy or if it's an "at will" employee... no reason at all. When appropriate, give them a severance and move on. This kind of bullshit is bad for everyone.
Re: Iowa Supreme Court confirms right of employers to fire workers deemed Too Attract
Quote:
Originally Posted by
DeltaHouseJay
As a business owner I just shake my head at the stupidity of this. I mean for fucks sake... if you need to let someone go, either make it about the work, the redundancy or if it's an "at will" employee... no reason at all. When appropriate, give them a severance and move on.
Right. At-Will Employment, which I believe is the law today in most American states, ALREADY means that just as long as it's not one of the legally protected nondiscrimination classes (what's your race, what's your gender, disability that can be accommodated, etc.), and absent a prior contract explicitly to the contrary, you can't compel continued employment: the employee may quit and the employer may dismiss at any time for any reason or no reason at all.
The catch is that sure, as an employer-at-will you just have to say, sorry I must let you go, here's your fuck-off money... BUT it will get very uncomfortable when you are asked why and you have to awkwardly say "I don't have to tell you" because the reason is legal but embarrassing. Sounds too much like Pleading the Fifth, doesn't it? So a wise employer must not allow situations to build up to the point you have to fire someone but then be embarrassed to say why.
In this case the employee in question must had reasons to suspect there was something more up about her firing, so she filed legal action and the process came up with the whole unflattering backstory for public record.
Re: Iowa Supreme Court confirms right of employers to fire workers deemed Too Attract
Interesting, so people can now lose their job because the bosses wife is jealous.
Re: Iowa Supreme Court confirms right of employers to fire workers deemed Too Attract
Quote:
Originally Posted by
invibe
Interesting, so people can now lose their job because the bosses wife is jealous.
Not just "now" -- turns out they always could, since the court is saying there is and was nothing in the workplace gender-discrimination laws of Iowa to forbid it.
And I sort of expect that a check of the laws of the states will turn out that in virtually every state of the union, there is nothing in the state labor laws that forbids someone in the private sector losing their job because the boss' spouse may be jealous. But local courts may interpret things differently in each jurisdiction.
Re: Iowa Supreme Court confirms right of employers to fire workers deemed Too Attract
Quote:
Originally Posted by
invibe
Interesting, so people can now lose their job because the bosses wife is jealous.
You can loose a job because it is Wednesday (or any other day, pick one) in an employment at will jurisdiction. It has always been that way.
Re: Iowa Supreme Court confirms right of employers to fire workers deemed Too Attract
Quote:
Originally Posted by
invibe
Interesting, so people can now lose their job because the bosses wife is jealous.
You can loose a job because it is Wednesday (or any other day, pick one) in an employment at will jurisdiction. It has always been that way.
Re: Iowa Supreme Court confirms right of employers to fire workers deemed Too Attract
Not wanting to dwell on the legalities, but in point of fact most states follow a 'Public Policy' exception to employment at will firings. This 'Public Policy' exception applies to firings which are against 'Public Policy' ... which has traditionally meant firing an employee for refusal to perform an illegal act at the employer's direction, firing an employee for reporting safety violations / filing comp claims etc. ... but which could easily be construed to cover any number of potential issues where a person was fired for reasons deemed contrary to the 'public good'. This is just the opinion of a dumb blonde with big boobs, but IMHO the fired DH would have had a much better chance of prevailing in court had her attorney pursued the 'Public Policy' exception rather than trying to severely 'bend' the sex discrimination statutes.
Re: Iowa Supreme Court confirms right of employers to fire workers deemed Too Attract
Let's vote out Supreme Court Judges who are too ugly.