It is now legal to fire anyone you might be tempted to sexually harass
IOWA CITY, Iowa (AP) — A dentist acted legally when he fired a longtime assistant because he had grown too attracted to her and worried he would try to start an affair, the Iowa Supreme Court reaffirmed Friday in its second crack at the controversial case.
Coming to the same outcome as it did in December, but clarifying its rationale, the court found that bosses can fire employees that they and their spouses see as threats to their marriages. The court said such firings do not count as sex discrimination because they are motivated by feelings, not gender.
The ruling upholds a judge's dismissal of a discrimination lawsuit filed by Melissa Nelson against James Knight. The Fort Dodge dentist fired the 33-year-old Nelson — two decades his junior — after his wife learned of text messages between the two. The married mother of two had worked for Knight for 10 years, and he considered her his best assistant.
Nelson's attorney, Paige Fiedler, had asked the court to reconsider its December decision, calling it a blow for gender equity in the workplace. The all-male court took the unusual step last month of withdrawing its opinion, granting a motion to reconsider for just the fifth time in the last decade.
In December, the justices said the key issue was "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." Justice Edward Mansfield removed that language from Friday's opinion and emphasized the ruling's scope was limited, noting that Nelson did not bring a sexual harassment or hostile work environment claim.
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http://www.seattlepi.com/news/us/article/Iowa-top-court-Firing-of-attractive-aide-is-legal-4661317.php
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