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RE: Can you believe this? - 12/22/2012 6:17:28 PM

jlf1961

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Hooters has fired waitresses for gaining weight....

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RE: Can you believe this? - 12/22/2012 7:17:00 PM

tj444

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quote:

ORIGINAL: Kana

quote:

ORIGINAL: tj444

quote:

ORIGINAL: Kana
1-Maybe he should have exercised better judgement and not hired her in the first place
2-Most states are hire at will/fire at will. He really didn't need to justify why.
3-If I lived there,I wouldn't go to his office. I'm all for hottie hygenists.

well,.. she worked there for 10 years.. obviously the first 8 or 9 years it wasnt a serious problem.. only when things started getting..umm.. hot..

She was just as much at fault, if you value your job, a reasonable person would not dress in a way your employer would prefer you not dress and ffs, dont start texting with the guy!...

What she shoulda done is called a lawyer and filed a sexual harassment cause when he told her the lump in his pants was caused by her attire and bod.
That sounds pretty open and shut to moi

sexual harassment is harassment only if its unwanted, she was flirting and texting voluntarily.. I expect if her lawyer thought they had a sexual harassment case then that is what they would have filed in the first place.. I also expect that if the employee had forseen losing her job cuz his wife felt her actions were a threat, she wouldnt have worn tight clothes or done anything flirtatous or that could be mistaken for such.. of course, she learned that too late.. I expect the lawyers did well tho.. even when they lose they win..

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RE: Can you believe this? - 12/23/2012 2:03:42 AM

metamorfosis

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quote:

ORIGINAL: jlf1961
"The question we must answer is ... whether an employee who has not engaged in flirtatious conduct may be lawfully terminated simply because the boss views the employee as an irresistible attraction," Justice Edward M. Mansfield wrote for the all-male high court.

Such firings may not be fair, but they do not constitute unlawful discrimination under the Iowa Civil Rights Act, the decision read, siding with a lower court.

Most job's I've had are employment at will. Meaning, you can get fired for any reason, except those specifically protected by law.

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RE: Can you believe this? - 12/23/2012 10:07:43 AM

Powergamz1

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That's the basic idea. The courts still tend to look at the paycheck (and the position it pays for) as something belonging to the employer.

There is a sliver of recognition that an employee who comes in and does a good job for a long time has an investment similar to a spouse's in a long term marriage, but that premise rarely overcomes the primary one.

quote:

ORIGINAL: metamorfosis

quote:

ORIGINAL: jlf1961
"The question we must answer is ... whether an employee who has not engaged in flirtatious conduct may be lawfully terminated simply because the boss views the employee as an irresistible attraction," Justice Edward M. Mansfield wrote for the all-male high court.

Such firings may not be fair, but they do not constitute unlawful discrimination under the Iowa Civil Rights Act, the decision read, siding with a lower court.

Most job's I've had are employment at will. Meaning, you can get fired for any reason, except those specifically protected by law.

Pam

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RE: Can you believe this? - 12/23/2012 5:34:02 PM

Rule

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quote:

ORIGINAL: jlf1961
"the employee as an irresistible attraction"

It may the best thing that could happen to the female: Interviews in the newspapers, a book "The boss who found me irressistible", model bureau's and moviemakers who vie for her to work for them, and yes of course one or more movies. This event is the start of a new and interesting turn in her fortunes and life.

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RE: Can you believe this? - 12/23/2012 9:13:51 PM

DaNewAgeViking

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quote:

ORIGINAL: tazzygirl

I agree with the Court, I see no discrimination based upon protected status.

That's the story in a nut shell: discrimination is legal in this country, as long as you don't discriminate against certain specific classes of individuals for certain specific reasons. If this was a truly decent society, discrimination for 'causes which are no culpable fault of the discriminated' would be flat-out illegal. Period.

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RE: Can you believe this? - 12/23/2012 9:22:20 PM

jlf1961

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Does that mean I could have been fired for being uglier than any other thing walking?

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RE: Can you believe this? - 12/23/2012 9:27:07 PM

Powergamz1

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Any selection entails some form of discrimination. An employer who hires the applicant with the best qualifications discriminates against all the other applicants.

A director who casts a redhead discriminates against blondes. A company that terminates employees when profits drop and uses seniority is discriminating against younger employees.

The notion of making it illegal to discriminate without malice, is comic book fluff.

quote:

ORIGINAL: DaNewAgeViking

quote:

ORIGINAL: tazzygirl

I agree with the Court, I see no discrimination based upon protected status.

That's the story in a nut shell: discrimination is legal in this country, as long as you don't discriminate against certain specific classes of individuals for certain specific reasons. If this was a truly decent society, discrimination for 'causes which are no culpable fault of the discriminated' would be flat-out illegal. Period.

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RE: Can you believe this? - 12/23/2012 9:30:50 PM

hlen5

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quote:

ORIGINAL: tj444

quote:

ORIGINAL: JeffBC

quote:

ORIGINAL: tazzygirl
I agree with the Court, I see no discrimination based upon protected status.

That's how I read it also. My other thoughts were:

A) Wow... this guy has branded himself as having incredibly poor self control and being unable to view women as humans. I can't believe he chose to do that over any of his other possible recourse but hey, it's his life. I'm just so glad I'm not him. It's hard to imagine how any woman in his life could respect him... or any male.

B) I'm not very comfortable with the idea of "too beautiful to work here" so I'd want to give that some thought if I were suddenly elected emperor.

he really didnt have much choice.. it had gone too far.. the wifey found out about the texting & the wifey also works with her hubby, and him & his wife went to their pastor for advice, the pastor told him to can her.. so thats what he did.. I am sure in part to keep peace at home, not just cuz he has poor self control..

And for the employee, if you play with fire.. which she willingly did & that was her choice.. she got burned.. What I wonder is, what did the employee's hubby think about it all?

nm.

< Message edited by hlen5 -- 12/23/2012 9:37:24 PM >

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RE: Can you believe this? - 12/23/2012 9:36:44 PM

tazzygirl

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I got the impression she wasnt willing either. She just didnt make a big deal out of it. But from what I read, when he got a bit too personal with questions, she simply didnt answer.

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RE: Can you believe this? - 12/23/2012 9:37:10 PM

LizDeluxe

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I guess she'll think twice about texting with her next boss. I'm sure he won't be texting any more of his employees. I can't really fault the guy. According to the article he was completely honest with her about why he was firing her. Nothing trumped up about it. Her lawsuit based on gender bias was really weak or maybe I just don't understand gender bias. It's probably a good thing his wife found out when she did. This looks like it was headed for much messier terrain.

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RE: Can you believe this? - 12/23/2012 9:38:54 PM

hlen5

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quote:

ORIGINAL: tazzygirl

I got the impression she wasnt willing either. She just didnt make a big deal out of it. But from what I read, when he got a bit too personal with questions, she simply didnt answer.

I re-read the article... there was mutual texting but that could have been her replying to her boss...

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RE: Can you believe this? - 12/23/2012 9:44:35 PM

tazzygirl

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There is more info in the actual court documents.

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