Jump to content
elmcitymaven

Bosses can legally fire employees they see as an ‘irresistible attraction’

 Share

96 posts in this topic

Recommended Posts

A dentist acted legally when he fired an assistant that he found attractive simply because he and his wife viewed the woman as a threat to their marriage, the all-male Iowa Supreme Court ruled Friday.

The court ruled 7-0 that bosses can fire employees they see as an "irresistible attraction," even if the employees have not engaged in flirtatious behavior or otherwise done anything wrong. Such firings may be unfair, but they are not unlawful discrimination under the Iowa Civil Rights Act because they are motivated by feelings and emotions, not gender, Justice Edward Mansfield wrote.

An attorney for Fort Dodge dentist James Knight said the decision, the first of its kind in Iowa, is a victory for family values because Knight fired Melissa Nelson in the interest of saving his marriage, not because she was a woman.

But Nelson's attorney said Iowa's all-male high court, one of only a handful in the nation, failed to recognize the discrimination that women see routinely in the workplace.

They don't think men can be held responsible for their sexual desires

"These judges sent a message to Iowa women that they don't think men can be held responsible for their sexual desires and that Iowa women are the ones who have to monitor and control their bosses' sexual desires," said attorney Paige Fiedler. "If they get out of hand, then the women can be legally fired for it."

Nelson, 32, worked for Knight for 10 years, and he considered her a stellar worker. But in the final months of her employment, he complained that her tight clothing was distracting, once telling her that if his pants were bulging that was a sign her clothes were too revealing,according to the opinion.

He also once allegedly remarked about her infrequent sex life by saying, "that's like having a Lamborghini in the garage and never driving it."

Knight and Nelson — both married with children — started exchanging text messages, mostly about personal matters, such as their families. Knight's wife, who also worked in the dental office, found out about the messages and demanded Nelson be fired. The Knights consulted with their pastor, who agreed that terminating Nelson was appropriate.

Knight fired Nelson and gave her one month's severance. He later told Nelson's husband that he worried he was getting too personally attached and feared he would eventually try to start an affair with her.

There was really no fault on the part of Mrs. Nelson

Nelson was stunned because she viewed the 53-year-old Knight as a father figure and had never been interested in starting a relationship, Fiedler said.

Nelson filed a lawsuit alleging gender discrimination, arguing she would not have been terminated if she was male. She did not allege sexual harassment because Knight's conduct may not have risen to that level and didn't particularly offend her, Fiedler said.

Knight argued Nelson was fired not because of her gender, but because her continued employment threatened his marriage. A district judge agreed dismissing the case before trial, and the high court upheld that ruling.

Mansfield noted that Knight had an all-female workforce and Nelson was replaced by a woman.

He said the decision was in line with state and federal court rulings that found workers can be fired for relationships that cause jealousy and tension within a business owner's family. One such case from the 8th Circuit Court of Appeals upheld a business owner's firing of a valued employee who was seen by his wife as a threat to their marriage. In that case, the fired employee had engaged in flirtatious conduct.

The decision to terminate her was not related to the fact that she was a woman

Mansfield said allowing Nelson's lawsuit would stretch the definition of discrimination to allow anyone fired over a relationship to file a claim arguing they would not have been fired but for their gender.

Knight's attorney, Stuart Cochrane, said the court got it right The decision clarified that bosses can make decisions showing favoritism to a family member without committing discrimination; in this case, by allowing Knight to honor his wife's wishes to fire Nelson, he said.

Knight is a very religious and moral individual, and he sincerely believed that firing Nelson would be best for all parties, he said.

"While there was really no fault on the part of Mrs. Nelson, it was just as clear the decision to terminate her was not related to the fact that she was a woman," he said. "The motives behind Dr. Knight terminating Mrs.Nelson were quite clear: He did so to preserve his marriage.

"I don't view this as a decision that was either pro-women or opposed to women's rights at all. In my view, this was a decision that followed the appropriate case law."

http://news.national...ion-iowa-court/

larissa-lima-says-who-is-against-the-que

Link to comment
Share on other sites

I hope that gets appealed and I would like to know how 7 judges all voted that way. Something doesn't add up. I mean that's something you would read right out of a 3rd world country.

sigbet.jpg

"I want to take this opportunity to mention how thankful I am for an Obama re-election. The choice was clear. We cannot live in a country that treats homosexuals and women as second class citizens. Homosexuals deserve all of the rights and benefits of marriage that heterosexuals receive. Women deserve to be treated with respect and their salaries should not depend on their gender, but their quality of work. I am also thankful that the great, progressive state of California once again voted for the correct President. America is moving forward, and the direction is a positive one."

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ukraine
Timeline

I hope that gets appealed and I would like to know how 7 judges all voted that way. Something doesn't add up. I mean that's something you would read right out of a 3rd world country.

Kip, seriously? This is a perfect example of things adding up. You see how our wives get treated here at VJ and anyone who is married to them gets treated? You think that is not just a microcosm?

People who use cartoon avatars are incredibly terrifed of attractive women and need to rat them out of society. Why do you think Patraeus is in so much trouble? As for me, I will take the heat for being married to a hottie, and eschewing the types that need to sue/fire/hate people to protect their marriage. And they say GAYS are a threat to marriage. :wacko:

They are all for "choice" and women's rights unless their choices are different and the women are attractive. Then it is OK to hate them, p*ss on their rights, and call them names

Edited by Gary and Alla

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Link to comment
Share on other sites

Some pics of this chick would be nice but nothing comes up on google images that's specific to this gal. I mean is she hot or not?

\

sigbet.jpg

"I want to take this opportunity to mention how thankful I am for an Obama re-election. The choice was clear. We cannot live in a country that treats homosexuals and women as second class citizens. Homosexuals deserve all of the rights and benefits of marriage that heterosexuals receive. Women deserve to be treated with respect and their salaries should not depend on their gender, but their quality of work. I am also thankful that the great, progressive state of California once again voted for the correct President. America is moving forward, and the direction is a positive one."

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ukraine
Timeline

Some pics of this chick would be nice but nothing comes up on google images that's specific to this gal. I mean is she hot or not?

\

Besides, Kip, this means we can fire/discriminate against UGLY chicks also. Apparently it is OK to fire them for their appearance. :lol:

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Link to comment
Share on other sites

Kip, seriously? This is a perfect example of things adding up. You see how our wives get treated here at VJ and anyone who is married to them gets treated? You think that is not just a microcosm?

People who use cartoon avatars are incredibly terrifed of attractive women and need to rat them out of society. Why do you think Patraeus is in so much trouble? As for me, I will take the heat for being married to a hottie, and eschewing the types that need to sue/fire/hate people to protect their marriage. And they say GAYS are a threat to marriage. :wacko:

They are all for "choice" and women's rights unless their choices are different and the women are attractive. Then it is OK to hate them, p*ss on their rights, and call them names

The ironic part is that Kira's a dental assistant and she got hit on by a married dentist. The same one I had a talk to out in the parking lot. But this guy has no balls if he's going to let his wife pull that ####### and not back up his employee of ten years. That's just pathetic. We need to get neonreds take on this. He's a dentist with his own clinic and he's married to a RUB gal and he hires RUB chicks as far as I know.

sigbet.jpg

"I want to take this opportunity to mention how thankful I am for an Obama re-election. The choice was clear. We cannot live in a country that treats homosexuals and women as second class citizens. Homosexuals deserve all of the rights and benefits of marriage that heterosexuals receive. Women deserve to be treated with respect and their salaries should not depend on their gender, but their quality of work. I am also thankful that the great, progressive state of California once again voted for the correct President. America is moving forward, and the direction is a positive one."

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: China
Timeline

Methinks the nad kicker crewe has lost this round, on points.

Alas.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Link to comment
Share on other sites

Filed: Other Timeline

I hope that gets appealed and I would like to know how 7 judges all voted that way. Something doesn't add up. I mean that's something you would read right out of a 3rd world country.

Really?

She filed a lawsuit for gender discrimination.

The judges determined that she was not fired because she was a woman -- especially as we was replaced by another woman -- but because she was so smoking hot that the good doctor had to work with a ####### 8 hours a day and was at risk to lose it when he needed to focus on drilling his patients' teeth and not fantasizing about drilling his dental sex toy.

She filed the wrong lawsuit, that's all.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: China
Timeline

Yay Iowa !

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Link to comment
Share on other sites

Filed: R-1 Visa Country: Saint Lucia
Timeline

lol. thats not new...

USAR

Oct.8 2009 - arrived in USA (CR1 visa)

Nov. 2009 -- GC for 2 yrs received

Jan. 2010 -- DL issued

May. 2011 --- graduated for my bachelor degree

Sept. 1, 2011 --- Driver License Renewed ( till 2017)

NO removal condition

Citizenship

Oct. 2011-------- Filed N400

Jan. 2012 ------ Biometrics and Interviewed at same time

Jan. 17 2012 ---- Sworn In

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Canada
Timeline

Is Iowa now an 'at will' state?

nfrsig.jpg

The Great Canadian to Texas Transfer Timeline:

2/22/2010 - I-129F Packet Mailed

2/24/2010 - Packet Delivered to VSC

2/26/2010 - VSC Cashed Filing Fee

3/04/2010 - NOA1 Received!

8/14/2010 - Touched!

10/04/2010 - NOA2 Received!

10/25/2010 - Packet 3 Received!

02/07/2011 - Medical!

03/15/2011 - Interview in Montreal! - Approved!!!

Link to comment
Share on other sites

Filed: Other Timeline

Had the woman filed based on "wrongful termination" instead of gender discrimination, she may have won the lawsuit. The good doctor did not discriminate against her because she's a woman, but because she was a person who distracted him from doing his work properly despite the fact that he asked her to dress differently, more professionally. The dentist hired another woman, so he does not mind a woman as a dental assistant; what he did mind is a dental assistant that looked like a sex toy to be humped.

The sex toy's attorney could still argue that the good doctor should be able to control his natural instincts, but arguing that she was fired because she's a woman is stupid if another woman took her place. Attorney's mistake.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Link to comment
Share on other sites

 

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...