Bowl Games | Main | Bar Etiquette [CharlieBrown'sDildo]
December 22, 2012

If you're 'irrestible' and female in Iowa, be sure to fug yourself up in the workplace! [laceyunderalls]

So apparently 'irresistible attraction' is now a recognizable defense to gender discrimination in Iowa.

In a 7-0 ruling, the Iowa Supreme Court this week held that an employer can legally terminate an employee seen to be a threat to the employer's marriage. The Court ruled that while it may be seen as unfair it doesn't constitute unlawful discrimination under the Iowa Civil Rights Act because the firing was based on 'emotions'; not gender.

Basically this guy got wood so he shitcanned the female employee. "At-Will" apparently now means 'I-have-no-check-on-my-free-own-will-so-adios'.

This entire opinion seems to be a hotmess and I don't really see any good people in this fiasco. The employer, here a dentist James Knight, fired the dental assistant Melissa Nelson after ten years of employment when she started wearing 'tight clothing'. He said "if his pants were buldging, that was a sign her clothes were too revealing". Oh employment law...


So the morons are off to Bing Melissa Nelson. For anyone left reading, these two people started caring on via text messaging. Knight's wife found out and rightly, wasn't too keen on that phone-time fun. Nelson was 'shocked' when she got her pink slip as she saw Nelson as a 'father figure' and never considered Knight to be anything but a friend.

Apparently they were discussing their personal lives. I'm not sure what kind of woman carries on with a married man (when she herself was married as well) about her sex life (or lack thereof) if she considers him a "father figure'. Ew. Creepy. And more ew.

For what it's worth, this opinion is line with other circuits that have held a boss is well within its rights to fire for relationships that cause jealously, so while it's a case of first impression in Iowa, there is precedent from other circuits.

While this may (or may) seem absurd depending on your take of an employee's 'at-will' employment status, the Court does have a point that Nelson's claim could be a slippery slope - anyone could claim they were wrongfully discharged due to a strained relationship and allege this under the auspices of gender discrimination.

What I do find absurd though is the claim by Knight's attorney -- "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."

Um no. But for her gender, she'd still have a job. I agree with the court's rational regarding the unintended consequences, ie, relationships-gone-bad-in-the-workplace-being-used-as-a-guise-to-a-gender-discrimination-claim, but how an attorney can argue, and the court can agree that being female here wasn't the pretext for the firing is beyond me.

The court also said "The civil rights laws seek to insure that employees are treated the same regardless of their sex". It then goes on to say that because Knight hired a woman to fill Nelson's vacancy, the goal of the 'civil rights' law was not 'jeopardized'. So I'm understanding their interpretation, the state's civil rights act isn't violated against Party A as long as Party B (of the same gender) gets the benefit of Party A's job. That's how I'm reading this wonky decision.

You can read the full opinion here (PDF).

Flame away, morons!

digg this
posted by Open Blogger at 04:54 PM

| Access Comments




Recent Comments
Barack Hussein Obama: "[i]A simple "Thank you" isn't enough is it?[/i] ..."

Iron Mike Golf: "[i]22 Was at an event yesterday and an ex-Ranger w ..."

logprof cranking up Henry's Dress: "Style guide: It's Scooby-doo, not Scooby-do. ..."

redc1c4 [/b] [/i] [/s] [/u]: "FYI: i blew up the pic, and the gravestone in fron ..."

Farmer Bob: "49- Dad was stationed at Albany til 73. We lived i ..."

weirdflunky: "If you ever find yourself in Madison, Ga you shoul ..."

ALH: "(BOO) ..."

mr_jack: "One-hit authors: I have one for you. My wife an ..."

Professor Chaos aka Gumdrop Gorilla: "I remember a Scooby-do episode that dealt with tre ..."

Iblis: "[i]282 To me, and I stand to be corrected, the odd ..."

Ripley: "Gen. Kellys remarks will be be lost on hard left&n ..."

ALH: "135 Sometimes it's not. 8) ..."

Recent Entries
Search


MuNuvians
Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
News/Chat
Archives
Powered by
Movable Type 2.64