SHE'S "IRRESISTIBLE" AND SHE'S "FIRED": Employment Law Update

Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
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The 7-member all-male Iowa Supreme Court has ruled that a female dental assistant her male dentist boss finds "attractive" and even "irresistible" can be "fired" because of her "irresistible attraction".

As Justice Edward M. Mansfield wrote in the decision and opinion for the Court on Friday, December 21st, 2012:

"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."

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.  Nelson had been employed by dentist Dr. James Knight for ten and a half years.

 

[www.cnn.com/2012/12/2012/Justice/ "Iowa Supreme Court: OK to fire 'irrestible' worker"; news.yahoo.com/12-22-2012/ "Court: 'Irrestistible' Workers Can Be Fired"; m.now.msn.com/12-24-2012/ "If You're Hot Enough To Be 'Irrestistible', You Can Be Fired In Iowa"; bigstory.ap.org/article/ "Iowa Court: Bosses Can Fire 'Irrestistible' Workers"]