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Iowa declares affirmative action for ugly people

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  • Iowa declares affirmative action for ugly people

    One of the wilder stories from the judicial branch to cross our desk in some time popped up this weekend. Our tale takes place in an Iowa dentist’s office, where an attractive, married woman works as a dental assistant. After ten years on the job providing what the dentist himself described as “stellar” performance, she was fired because she was too attractive and represented a threat to the owner’s marriage. There was no affair. There was no allegation of an affair. But the dentist’s wife also worked there and, after discovering some personal (not sexual) text messages between the two, she wanted the woman gone. The assistant went to court claiming unjust termination. There’s no way that one holds up, right? Wrong.

    A dentist acted legally when he fired an assistant that he found attractive simply because he and his wife viewed the woman as a threat to their marriage, the all-male Iowa Supreme Court ruled Friday.

    The court ruled 7-0 that bosses can fire employees they see as an “irresistible attraction,” even if the employees have not engaged in flirtatious behavior or otherwise done anything wrong. Such firings may be unfair, but they are not unlawful discrimination under the Iowa Civil Rights Act because they are motivated by feelings and emotions, not gender, Justice Edward Mansfield wrote.

    An attorney for Fort Dodge dentist James Knight said the decision, the first of its kind in Iowa, is a victory for family values because Knight fired Melissa Nelson in the interest of saving his marriage, not because she was a woman.


    Someone I frequently turn to when I need to understand the byzantine maze of the legal system, Dr. James Joyner, seems to feel that this was pretty much the correct call.

    As weird and embarrassing as this case is, it’s a reasonable decision in the narrow case of a sole proprietorship. Should the boss be able to work with women he finds attractive and resist crossing boundaries of professionalism? Sure. But, if it’s his shop, he should have the right to remove the temptation.

    This obviously becomes more problematic in a larger firm, especially when the supervisor isn’t also the owner. In those cases, asking for reassignments or just moving on to another firm are more appropriate solutions. But that’s unreasonable if it’s your firm.


    I suppose that’s why I’m not a lawyer, since this simply doesn’t make any sense. But I don’t want to confuse the right to manage your own business with the need to provide a sensible justification here. The dentist is the business owner and proprietor as well as the service provider. He has the right to operate his business as he sees fit, and employers generally don’t have to provide all that much of a reason for terminating employment beyond saying, “this just isn’t working out.”

    But in this case he felt compelled to provide a reason, turning what would have otherwise been just one of millions of cases of a worker getting laid off into a national media circus. Reading the full article, it sounds a lot less like he wanted to terminate the assistant himself, but was forced into it by threats from his wife. This sounds stunningly unprofessional, but was it illegal? I suppose that question has been answered now. But “being too attractive” as a reason to be discharged from your job still just sounds wrong. (Not that I’ll ever be in danger of falling into that particular trap, of course.)
    http://hotair.com/archives/2012/12/2...ng-too-pretty/

    So we now have a State opening the welcome mat for certain members of this forum.
    I make no bones about my moral support for [terrorist] organizations. - chegitz guevara
    For those who aspire to live in a high cost, high tax, big government place, our nation and the world offers plenty of options. Vermont, Canada and Venezuela all offer you the opportunity to live in the socialist, big government paradise you long for. –Senator Rubio

  • #2
    His wife was busting his chops.
    Life is not measured by the number of breaths you take, but by the moments that take your breath away.
    "Hating America is something best left to Mobius. He is an expert Yank hater.
    He also hates Texans and Australians, he does diversify." ~ Braindead

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    • #3
      Useless without pics. Also, this lady could very likely springboard this into a very lowbrow modeling career.
      1011 1100
      Pyrebound--a free online serial fantasy novel

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      • #4
        Life is not measured by the number of breaths you take, but by the moments that take your breath away.
        "Hating America is something best left to Mobius. He is an expert Yank hater.
        He also hates Texans and Australians, he does diversify." ~ Braindead

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        • #5
          Sheesh I know far hotter ladies.
          Scouse Git (2) La Fayette Adam Smith Solomwi and Loinburger will not be forgotten.
          "Remember the night we broke the windows in this old house? This is what I wished for..."
          2015 APOLYTON FANTASY FOOTBALL CHAMPION!

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          • #6
            He's 21 years older than her. The man is legend in his own mind.

            Life is not measured by the number of breaths you take, but by the moments that take your breath away.
            "Hating America is something best left to Mobius. He is an expert Yank hater.
            He also hates Texans and Australians, he does diversify." ~ Braindead

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            • #7
              How long before someone will start finding [minority] people too sexy to employ?

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              • #8
                Aeson, by dog, you're brilliant!
                Life is not measured by the number of breaths you take, but by the moments that take your breath away.
                "Hating America is something best left to Mobius. He is an expert Yank hater.
                He also hates Texans and Australians, he does diversify." ~ Braindead

                Comment


                • #9
                  Originally posted by SlowwHand View Post
                  His wife was busting his chops.
                  And $100 says the jealous wife was a 300 pounder.
                  Try http://wordforge.net/index.php for discussion and debate.

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                  • #10
                    I saw a photo of them but I can't find it readily now. She's not heavy, she's just his age and he's an ass.
                    What will be cool is when he's fired his assistant and his wife still divorces him for half of all, assuming community property.
                    Life is not measured by the number of breaths you take, but by the moments that take your breath away.
                    "Hating America is something best left to Mobius. He is an expert Yank hater.
                    He also hates Texans and Australians, he does diversify." ~ Braindead

                    Comment


                    • #11
                      This is what happens in right to work states. If you don't need a reason for firing someone, you can terminate them for any ridiculous reason.
                      “I give you a new commandment, that you love one another. Just as I have loved you, you also should love one another. By this everyone will know that you are my disciples, if you have love for one another.”
                      - John 13:34-35 (NRSV)

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                      • #12
                        I know it's his right. I'm talking about losing a seemingly competent assistant due to stupidity and losing half of his property, too.
                        Life is not measured by the number of breaths you take, but by the moments that take your breath away.
                        "Hating America is something best left to Mobius. He is an expert Yank hater.
                        He also hates Texans and Australians, he does diversify." ~ Braindead

                        Comment


                        • #13
                          Originally posted by Imran Siddiqui View Post
                          This is what happens in right to work states. If you don't need a reason for firing someone, you can terminate them for any ridiculous reason.
                          You don't tell them the reason you are firing them. It simply turns a simple matter into this circus.
                          I make no bones about my moral support for [terrorist] organizations. - chegitz guevara
                          For those who aspire to live in a high cost, high tax, big government place, our nation and the world offers plenty of options. Vermont, Canada and Venezuela all offer you the opportunity to live in the socialist, big government paradise you long for. –Senator Rubio

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                          • #14
                            In a place where you can't fire someone for any reason, no even reasonable cause is sufficient because you'll be sued to the end of the earth over whether it was discriminatory. People should have the right to hire and fire for any reason they like. If you get fired then find a new job. It's not your right to be employed.

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                            • #15
                              I could fire someone for wearing Nike brand shoes. Or running Dunlops on their ride. ANYTHING! AND BY GUM, IT'S A POWERFUL FEELING!
                              Life is not measured by the number of breaths you take, but by the moments that take your breath away.
                              "Hating America is something best left to Mobius. He is an expert Yank hater.
                              He also hates Texans and Australians, he does diversify." ~ Braindead

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