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Can you believe this? - 12/22/2012 2:18:27 PM   
jlf1961


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quote:

Iowa Supreme Court: OK to fire 'irresistible' worker

(CNN) -- Can a boss fire an employee he finds attractive because he and his wife, fairly or not, see her as a threat to their marriage?

Yes, the Iowa Supreme Court ruled Friday.

"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.

An attorney for Melissa Nelson, the fired employee, said the decision was wrong.

source


Now I have heard everything.

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RE: Can you believe this? - 12/22/2012 2:25:16 PM   
kdsub


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Status: offline 		At least he gave a reason... here in the Rebublican dominated Sate of Missouri no reason what so ever is necessary for firing employees.

Butch

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RE: Can you believe this? - 12/22/2012 2:29:29 PM   
defiantbadgirl


Posts: 2988
Joined: 11/14/2005
Status: offline 		I'm not at all surprised this happened in the country of no job security.

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RE: Can you believe this? - 12/22/2012 2:39:08 PM   
TheHeretic


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Joined: 3/25/2007
From: California, USA
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quote:

ORIGINAL: jlf1961
Now I have heard everything.



I don't see what the big deal is. Why is a state supreme court involved to begin with? Obviously she sued, but it should have been thrown out by the first judge it went in front of.

He gave her a month of severance, I assume he would have given her an excellent reference to other potential employers. It's his dental office. Let's repeat that a few times. It's his dental office. It's his dental office. It's his dental office. Do I need to do that again for the part where she is his employee?

Let's see who is eager to hire the sue-happy dental assistant now.



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RE: Can you believe this? - 12/22/2012 2:44:49 PM   
tj444


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Joined: 3/7/2010
Status: offline 		meh.. if your employer tells you your clothes are too tight then wear looser clothes, if your employee wears tight clothing then require employees to wear baggy ugly uniforms.. if your boss/employee starts texting you,.. tell him/her to stop.. especially since you are both doing that not only under the wifeys nose but rubbing her face in it to boot.. If things cant be professional and a solution found, then its always gonna be the lesser needed person that gets canned.. Seriously, how could there be any other outcome?

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RE: Can you believe this? - 12/22/2012 2:57:53 PM   
tazzygirl


Posts: 37833
Joined: 10/12/2007
Status: offline 		http://iowaappeals.com/unfair-termination-does-not-violate-iowa-civil-rights-act/

Today, the Iowa Supreme Court reaffirmed that an unfair termination decision does not violate the Iowa Civil Rights Act so long as the employer does not discriminate “based upon the employee’s protected status.” Nelson v. James H. Knight DDS, P.C.

This case came to the Court upon Plaintiff’s appeal of the district court’s decision granting summary judgment in favor of the employer.

http://www.iowacourts.gov/Supreme_Court/Recent_Opinions/20121221/11-1857.pdf

IV. Conclusion.
As we have indicated above, the issue before us is not whether a
jury could find that Dr. Knight treated Nelson badly. We are asked to
decide only if a genuine fact issue exists as to whether Dr. Knight
engaged in unlawful gender discrimination when he fired Nelson at the request of his wife. For the reasons previously discussed, we believe this
conduct did not amount to unlawful discrimination, and therefore we
affirm the judgment of the district court.


Interesting reading.

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

< Message edited by tazzygirl -- 12/22/2012 2:58:59 PM >

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RE: Can you believe this? - 12/22/2012 3:15:19 PM   
JeffBC


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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.


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RE: Can you believe this? - 12/22/2012 3:23:44 PM   
meatcleaver


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Status: offline 		Bizarre

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RE: Can you believe this? - 12/22/2012 3:29:10 PM   
tj444


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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?

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RE: Can you believe this? - 12/22/2012 3:40:38 PM   
Kana


Posts: 6676
Joined: 10/24/2006
Status: offline 		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.

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RE: Can you believe this? - 12/22/2012 3:45:15 PM   
tazzygirl


Posts: 37833
Joined: 10/12/2007
Status: offline 		We had another "too beautiful" case

http://news.nationalpost.com/2010/06/03/too-sexy-for-the-bank-woman-files-lawsuit-claiming-citibank-fired-her-for-being-beautiful/

These chicks need to get over themselves.



_____________________________

Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

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RE: Can you believe this? - 12/22/2012 3:51:02 PM   
tj444


Posts: 7574
Joined: 3/7/2010
Status: offline
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!...


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RE: Can you believe this? - 12/22/2012 3:54:47 PM   
TheLilSquaw


Posts: 2340
Joined: 10/24/2012
From: Middle River, MD
Status: offline 		In most states employers don't need to state a reason as to why they are firing you.

I don't see this as a violation of a law, perhaps poor business practice but nothing more.

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RE: Can you believe this? - 12/22/2012 3:55:21 PM   
MAINEiacMISTRESS


Posts: 1180
Joined: 9/12/2012
Status: offline
quote:

ORIGINAL: TheHeretic


quote:

ORIGINAL: jlf1961
Now I have heard everything.



I don't see what the big deal is. Why is a state supreme court involved to begin with? Obviously she sued, but it should have been thrown out by the first judge it went in front of.

He gave her a month of severance, I assume he would have given her an excellent reference to other potential employers. It's his dental office. Let's repeat that a few times. It's his dental office. It's his dental office. It's his dental office. Do I need to do that again for the part where she is his employee?

Let's see who is eager to hire the sue-happy dental assistant now.




HAHAHAHA, OMG, that reminds Me...all throughout My childhood I went to this one dentist who had his office on one side of his home where he lived with his wife and two boys My age. My dentist had a VERRRY pretty assistant, cute, tinkerbell figure, well-tanned, perfect teeth, gorgeous hair, always smiling, everyone liked her. She ended up not only with the dentist, but thereafter always had nice cars and full-length mink coats!

Yeah....goddamn RIGHT she was a threat.

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RE: Can you believe this? - 12/22/2012 3:56:30 PM   
JeffBC


Posts: 5799
Joined: 2/12/2012
From: Canada
Status: offline
quote:

ORIGINAL: tj444
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?

I stand corrected. I didn't read the links and I was responding under the assumption that she'd done nothing other than "be pretty". But yeah, if she was flirting with him that changes everything in my mind.


_____________________________

I'm a lover of "what is", not because I'm a spiritual person, but because it hurts when I argue with reality. -- Bryon Katie
"You're humbly arrogant" -- sunshinemiss
officially a member of the K Crowd

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RE: Can you believe this? - 12/22/2012 5:06:05 PM   
Kana


Posts: 6676
Joined: 10/24/2006
Status: offline
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

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RE: Can you believe this? - 12/22/2012 5:12:10 PM   
Politesub53


Posts: 14862
Joined: 5/7/2007
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quote:

ORIGINAL: TheHeretic


quote:

ORIGINAL: jlf1961
Now I have heard everything.



I don't see what the big deal is. Why is a state supreme court involved to begin with? Obviously she sued, but it should have been thrown out by the first judge it went in front of.

He gave her a month of severance, I assume he would have given her an excellent reference to other potential employers. It's his dental office. Let's repeat that a few times. It's his dental office. It's his dental office. It's his dental office. Do I need to do that again for the part where she is his employee?

Let's see who is eager to hire the sue-happy dental assistant now.





Yet again we differ. I cant see any legal reason why a firm can fire someone for this reason. If they are lazy, rude, poor timekeepers, or a myriad of other reasons, then fine. People in employment should have basic protections in law. Incidentally, this is the original reason unions were set up until the crooks and agitators got involved.

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RE: Can you believe this? - 12/22/2012 5:15:10 PM   
Politesub53


Posts: 14862
Joined: 5/7/2007
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quote:

ORIGINAL: Politesub53


quote:

ORIGINAL: TheHeretic


quote:

ORIGINAL: jlf1961
Now I have heard everything.



I don't see what the big deal is. Why is a state supreme court involved to begin with? Obviously she sued, but it should have been thrown out by the first judge it went in front of.

He gave her a month of severance, I assume he would have given her an excellent reference to other potential employers. It's his dental office. Let's repeat that a few times. It's his dental office. It's his dental office. It's his dental office. Do I need to do that again for the part where she is his employee?

Let's see who is eager to hire the sue-happy dental assistant now.





Yet again we differ. I cant see any legal reason why a firm can fire someone for this reason. If they are lazy, rude, poor timekeepers, or a myriad of other reasons, then fine. People in employment should have basic protections in law. Incidentally, this is the original reason unions were set up until the crooks and agitators got involved.



Opps just read all of the link....... more here than meets the eye.

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RE: Can you believe this? - 12/22/2012 5:30:13 PM   
jlf1961


Posts: 14840
Joined: 6/10/2008
From: Somewhere Texas
Status: offline 		FYI, I was referring to the lawsuit, not the reason fired.

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Boy, it sure would be nice if we had some grenades, don't you think?

You cannot control who comes into your life, but you can control which airlock you throw them out of.

Paranoid Paramilitary Gun Loving Conspiracy Theorist AND EQUAL OPPORTUNI

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RE: Can you believe this? - 12/22/2012 6:16:00 PM   
TheHeretic


Posts: 19100
Joined: 3/25/2007
From: California, USA
Status: offline 		Saw the next post. NM

< Message edited by TheHeretic -- 12/22/2012 6:17:02 PM >

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That's why people with no sense of humor have such an inflated sense of self-importance.


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