While Melissa Nelson was fired for being an "irresistible attraction" by her boss, the Iowa Supreme Court
said her termination was legal. The all-male court said the dentist had
every right to fire his "irresistibly attractive" dental assistant to
save his marriage from going kaput. In the absence of proof of gender or
sexual harassment, no wrong-doing was apparent.
On Dec. 22, Fox News posted a development in the case that gained attention recently when a lower court sided with the defendant, Dr. James Knight, 53, who fired Melissa Nelson in 2010 for being an "irresistible attraction."
Nelson, 34, worked for Knight over 10 years. However, in the last six months, the two began exchanging text messages. While they were benign, Dr. Knight's wife, who works in the same office, discovered them and told her husband to fire the woman.
Who knew it was legally okay to fire an "irresistible worker?"
Obviously, the decision should be a simple one; a man's marriage is goes over the marital cliff if he doesn't. However, Knight worked there for a decade and had probably gotten close to the married couple. To let her go after 10 years for being hard to resist should border on wrongful dismissal, right? Wrong.
When the matter was brought to the Iowa Supreme Court for a ruling, seven justices sided with Dr. Knight and said firing Melissa Nelson for being an "irresistible attraction" is perfectly within the law.
Nelson's lawyer said her client is saddened by the court's ruling and suggests it was unfair and unbalanced.
Knight's attorney argued in both courts that his client did not commit gender discrimination because he hired a female replacement in the open position.
Part of the high court's decision read:
However, it appears Iowa is sympathetic to business owners, whose family life is threatened by jealousy and tension from employers.
Will Melissa Nelson's firing for being "irresistibly attractive" create a slippery-slope for similar matters in the future? Does the legal loophole mean employers can use it as an excuse for letting anyone go, even if they were committing unlawful gender or sexual harassment?
On Dec. 22, Fox News posted a development in the case that gained attention recently when a lower court sided with the defendant, Dr. James Knight, 53, who fired Melissa Nelson in 2010 for being an "irresistible attraction."
Nelson, 34, worked for Knight over 10 years. However, in the last six months, the two began exchanging text messages. While they were benign, Dr. Knight's wife, who works in the same office, discovered them and told her husband to fire the woman.
Who knew it was legally okay to fire an "irresistible worker?"
Obviously, the decision should be a simple one; a man's marriage is goes over the marital cliff if he doesn't. However, Knight worked there for a decade and had probably gotten close to the married couple. To let her go after 10 years for being hard to resist should border on wrongful dismissal, right? Wrong.
When the matter was brought to the Iowa Supreme Court for a ruling, seven justices sided with Dr. Knight and said firing Melissa Nelson for being an "irresistible attraction" is perfectly within the law.
Nelson's lawyer said her client is saddened by the court's ruling and suggests it was unfair and unbalanced.
"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. If they get out of hand, then the women can be legally fired for it," said aid attorney Paige Fiedler.Knight said he fired Melissa Nelson because her sexual attraction (tight-fitting clothing) became too much of a threat to his marriage. Therefore, the way around it was to terminate her employment.
Knight's attorney argued in both courts that his client did not commit gender discrimination because he hired a female replacement in the open position.
Part of the high court's decision read:
"As we have indicated above, the issue before us is not whether a jury could find that Dr. Knight treated Nelson badly."Nelson was stunned by Knight's decision because she looked at him as a father figure. In fact, she admitted that his actions and words at times never offended her.
However, it appears Iowa is sympathetic to business owners, whose family life is threatened by jealousy and tension from employers.
Will Melissa Nelson's firing for being "irresistibly attractive" create a slippery-slope for similar matters in the future? Does the legal loophole mean employers can use it as an excuse for letting anyone go, even if they were committing unlawful gender or sexual harassment?
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