Can 'Irresistible' Workers Legally Be Fired?

Iowa Court rules it was A-OK for dentist to fire assistant for being too attractive

The internet is shocked - shocked! - that it's legal for bosses to fire employees for being irresistibly attractive.

That's just been reaffirmed by the Iowa Supreme Court, who ruled 7-0 that dentist James Knight was quite within his rights to fire his assistant Melissa Nelson for "threatening his marriage." Such workers can be fired even if they haven't been flirtatious or otherwise behaved badly.

Nelson's attorney claimed that the firing would only be illegal if it was based on gender discrimination. "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 lawyer Paige Fiedler. "If they get out of hand, then the women can be legally fired for it."

But the court ruled that firing on grounds of attractiveness is not, in fact, a gender-based decision. Their ruling follows other court decisions that deemed it legal for male employers to fire women in order to save their marriages.

Nelson had worked for Knight for 10 years, and he admitted that in all respects she was a fantastic employee. It was only in the months before firing her that he began complaining that her tight clothing was arousing him. He eventually dismissed her at his wife's insistence.

Via the Associated Press.

Posted 12pm PST.

Should it be legal to fire employees because they're attractive?

[Annie]

Maybe he should be responsible for controlling his own feelings! He can't dismiss every pretty girl he sees out in public. He is wanting to have and affair, and it will be with someone! The wife isn't going to stop it!

[PoliticalSpice]

this guy belongs in a looney bin. Fire a woman for being attractive? Really now! A normal guy would love to be around a pretty woman. A gay guy wouldn't notice. A man in love with his wife would not be tempted or resist temptation. This guy is just nuts.

[MBernard]

This is the stupidest thing I've ever heard. We are so little and petty it's unimaginable.

[seedtick]

I don't know what he was "wanting" but, while I think he is absolutely wrong, the laws regarding employment in Iowa will prevail. I think that is why he could get away with firing her. I wonder what kind of civil case she might have, though. And, maybe we on Politix are not getting the full story.

[jessejaymes]

I love pretty women. If I had my way all other men would either be gay or attracted to ugly women. But ya know? This guy needs to fess up to the wife. SHE was not the problem there.

[acchokiefan]

The dentist should be dragged by his hair from his office into the parking lot. Then he should be lifted overhead and body slammed into the pavement. Then he should be pummeled into absolute and utter submission. And then kicked in the ribs a couple of times. Now, every one of you worthless idiots that vote republican and turned your state into a "dentist can fire your ass for any reason whatsoever state"
You're stupid and one day I hope it happens to you. Also, I hope your dog gets hit by a car. No offense.

[stepped_in_it]

Well, technically, the "smelly" don't have that right......LOL

[kirbstomp1]

@PoliticalSpice - you crack me up

[PoliticalSpice]

@kirbstomp1 apparently the mods do not share our sense of humor. It was a joke guys, really.

[texas_cutie75]

@PoliticalSpice

It's a shame I missed it. I could use a good laugh!

[marine1]

As an employer, you should have the right to fire whom ever you no longer want working for you.

[stepped_in_it]

You are right. Except, if your wife's employer made comments about her dress made his pants bulge or text her asking questions about her sex life, does he still have that right?
http://news.yahoo.com/court-irresistible-work...

[marine1]

@stepped_in_it I don't have to like it but ge does have that right, after he gets out of the hospital :}

[stepped_in_it]

@marine1 ie....the dentist would need his own services? LOL (and I would do the same!)

[dances-weebles]

not without good reason, and this isn't one.

[marine1]

@dances-weebles at employees are just that, at will

[CharlieRosencr]

Just put women in burqas. There. Problem solved.

[stepped_in_it]

Sounds like the Iowa Supreme Court has put equal rights back a few decades. Ok, women of Iowa (or any state), when your boss makes "bulging pants" comments or texts questions about your sex life, sue the poo out of them.

[stepped_in_it]

Even though Politix didn't have those comments, here is the link to "the rest of the story";
http://news.yahoo.com/court-irresistible-work...

[Granny_Grey]

@stepped_in_it It depends. Many of the Federal laws under Title VII do not apply to employers with less than 15 employees. So, it depends on how large his practice happened to be as to whether or not he fell under Federal law.

[stepped_in_it]

@Granny_Grey No offense, but (to me), it doesn't matter what the law says on number of employees. If it was my wife, the dentist would need his own services. But, hey, that's me!

[dances-weebles]

@stepped_in_it i find the whole thing sort of silly. first of all, most of the men that work with my wife find her very sexy, and yet none of them want to have an affair with her, nor does it intimidate me in the slightest. i find my sister in-law to be 'irresistible', but don't want to have an affair with her, either now, nor 'down the road'.

in fact, the good doctor's statement seems to indicate that he will have an affair with him even if she doesn't want to have one with him. sounds to me like an ego problem.

[dances-weebles]

@stepped_in_it why, it seems to me that it's rather a compliment... both to you and to her. don't you want people to think that your wife is pretty and sexy?

[TheJimmy]

It's all about hot chicks man.

[thejimbo]

Considering that Nelson was married and they all seemed to know each other this should come under sexual harassment.
But hey we're talking Iowa here. I once mentioned to an ex-Iowa resident that I had never visited Iowa and that my wife and I were going to visit. His response was WHY.

[FFX_VA]

So... if she started wearing tight sexy clothes, he complained, and she continued despite knowing the effect this had on him who was sexually harassing whom?

[mtkopf]

@FFX_VA texting about her sexual orgasms is not sexual harassment? Saying her clothing was inappropriate if he had a bulge in his pants is not sexual harassment?
The ONLY reason she got fired is bc his wife found out he was flirting with the help.

[FFX_VA]

@mtkopf I'm sure his wife influenced his decision, but it's still an interesting labor law issue.

[PoliticalSpice]

The first girl I lived with was from Iowa. She would go on and on about it, but my take, there are two reasons to go. Best prime rib I ever had, an the presidentil first caucus season could be fun, although very cold.

[RoyFloyd]

Dismissed a good employee at his jealous wife's insistence, what a worm. Jeez, the poor dentist needs marriage counseling and/or to grow a new pair to replace what's been chopped. Firing his assistant isn't going to solve his problems.

[guest]

Is this a fictional article? I sure hope so.

If this is true something has to be done here. Since when does a persons looks matter, unless they are in the modeling business. I always thought it's the job performance that counts. This is the dentist and his wife's problem, they need to talk it out with a marriage counselor about any arousals the husband may have towards attractive women. You DO NOT FIRE the woman for being attractive!!!!!!!!!!

[FFX_VA]

I wonder if his wife will be interviewing her replacement... and using what objective criteria :)

[Fishbone345]

Her replacement will be a gay man.

[Fishbone345]

@Fishbone345 If his "Pants bulge" then, the wife has a whole new set of issues to deal with.

[FFX_VA]

@Fishbone345 LOL! Yes she would

[guest]

@FFX VA: He has the problem. I guess all women should wear sheets to cover their bodies because there is a certain men popultion out there that can't control their hormones. I repeat, he has the problem, and she is earning a living.

[Jim49418]

If you look at the picture, it looks like she is holding a baby.
Could that have anything to do with it?
Hmmmm..........

[woodtick57]

you do realize those are stock photos they use for the article headings and the people in them have nothing to do with the articles most times....

[woodtick57]

@woodtick57

[PoliticalSpice]

@woodtick57 the folks picking picture to go with the articles have a perverse sense of humor. They pick pictures like the one of the girl who distracts men till our iq's drop, cuties like this one or the havatd munch girl, and then they delete comments when we prove our maturity level is below our iq score. I think they do it on purpose. "Hey lets post this photo, see how many idiots put up comments we can delete." They snagged me more then once!

[Jim49418]

@woodtick57 So..., that isnt the photo of the woman that was fired?

[mimi57]

When I was in my twenties I applied for a job as a bartender, I got the job, however the owner looked at me and
said , " I don't know, look at you", You are going to cause me a lot of problems.. I got good tips and did a good job. There were a few unwanted advances , but over all , the guys were pretty respectful. No one should be fired
on how they look, only if they are unkempt and nasty looking...

[stepped_in_it]

HMM Mimi, did we meet in a bar or three? LOL

[PoliticalSpice]

What a shame, wasting good looks on a conservative woman, have you ever considered a jon as a dental assistant. I understand there is an opening in Iowa. Never mind, it's too important to the presidential nominating process.

[mimi57]

@stepped_in_it I only worked in one, it was not upscale...more of a watering hole for the locals and guys who
stopped after work. Not one of my greatest achievements...LOL

[mimi57]

@PoliticalSpice You know you're being very judgemental, right?...(: Besides, I've moved on from my bar tending days. Thank God for that!

[woodtick57]

I've lost more jobs that way.....(snark)

[stepped_in_it]

I've always said "wish I was richer and not so handsome, I can always buy handsome but can't buy rich"....bahaha <snort>

[woodtick57]

This makes as much sense as jewish and muslem men thinking women whould be covered up to control the mens urges.....

[Synthesis]

Even though I don't agree, it is legal. You can discriminate on certain things if you have a logical argument for doing so, like having a fat person pay for two seats on an airplane. It's gender and race discrimination that's hard to pass.

[Antiecm]

Too Irresistible was she? And who switched the picture out with the wicked witch of the west?

[PoliticalSpice]

Aww, come on, the girl in the picture is cute.

[Cheenoguy]

In Iowa do they also arrest women who are raped?
And what kind of moron lets his pastor make his business decisions for him?
I hope he at least gave her a decent severance package since he isn't man enough to control his urges.

[DARSB]

How will this dentist word future help wanted ads - " must have periodontal experience and be a graduate of an accredited dental assistant program. Disfiguring facial scars a plus"

[TeresaJ]

I think an employer should be able to fire anyone for any reason he wants. I do not believe the government has the right to run his business.

What this article doesn't state well, nor do they probably even care, was that this scenario was interfering with the man's marriage. Should he be able to keep himself in check better? Maybe. I know nothing about this woman, or how she dressed or presented herself. What I do know is that if something is interfering with your marriage, you need to put it away. The man shouldn't have to lose his marriage or his business over an employee.

Who is right and who is wrong? Probably a little of both, but the bottom line is, the government shouldn't be interfering. I would never bother running a business. My way or the highway, and if I can't run in that capacity, then I just won't do it.

[NormalFlora]

Sooooo.... you're admitting that you're incapable of adhering to labor laws that EVERY employee and employer must follow? Are you that narcissistic?

[PoliticalSpice]

Well no one forced this man to send her text messages or make sexually suggestive comments. I'm a guy, I get it she was hot. I see hot women all the time. They wear tight cloths. But if I grope one I will probably get slapped and maybe even arrested. he is responsible for his conduct. As to saving his marriage, if the only way he can stay loyal to his wife is to fire every pretty employee, his marriage is beyond saving. What if she cannot find another job? She has a family to support to. Usually people condeming govt interference in business are the ones demanding low taxes and personal responsibility. If I'm guessing corectly that your one of those so quick to call for responsibility, why is it any different here?

[TeresaJ]

@NormalFlora Thus, I do not own a business. :)

[TeresaJ]

@PoliticalSpice

If he was doing those things, then she should have sued for sexual harrassment, or at least quit and gone elsewhere. The fact she didn't implies she didn't have a problem with such comments. The rest after that is speculation.

I do call responsibility on both parties, that is why I said probably both were right and wrong. But I hold that an employer has the right to fire an employee for pretty much any reason, even if it's a bad one. To not coin a phrase, he built that; it's his business.

As for the woman, if the man has any honesty at all, he would give her next possible employer the recomendation she deserves.

[PoliticalSpice]

@TeresaJ read the article the politix piece links too, they were flirting. Why should she have sued? She was not taking it seriously. Really, I you are standing at a bus stop and I think your hot, does that make it your fault if I feel you up? Don't I have an obligation to control myself? The wife works in the office too, if he can not control himself despite that fact, the marriage will not be saved by firing this woman. The only thing it does is make her unemployed.

As to if he build it or not, nah, his fortunes are due to the soda industry and bad teeth of others.:-)