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Iowa SC says it's OK to fire someone who's too attractive...

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Daistallia 2104
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Iowa SC says it's OK to fire someone who's too attractive...

Postby Daistallia 2104 » Fri Dec 21, 2012 11:23 am

http://m.kcci.com/news/Court-Bosses-can ... index.html

tl; dr: A dentist fired a woman he found attractive, after his wife found it threatening. And today, the Iowa SC said that was OK.

Frankly, I think this sounds particularly stupid. I will wait before making a final judgement, though...

What say the great unwashed masses of NSG?
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Postby Samuraikoku » Fri Dec 21, 2012 11:26 am

Knight's lawyer says the court's decision is "in favor of family values."


Family values?

<Insert amusingly appropriate image here with caption "Go home and be a family man>

Even if he technically had the right to fire someone, it's a stupid decision. Not to mention, maybe he should have had enough self-control so as not to think of this woman as a threat to her marriage.
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Postby Caninope » Fri Dec 21, 2012 11:28 am

Daistallia 2104 wrote:http://m.kcci.com/news/Court-Bosses-can-fire-irresistible-workers/-/16916438/17865692/-/ic3n6cz/-/index.html

tl; dr: A dentist fired a woman he found attractive, after his wife found it threatening. And today, the Iowa SC said that was OK.

Frankly, I think this sounds particularly stupid. I will wait before making a final judgement, though...

What say the great unwashed masses of NSG?

I say that he should be able to fire someone who works for him so long as it is not prohibited by law.

I am not familiar with anywhere in discrimination laws that covers the highly subjective attractiveness criteria.

EDIT: And I agree with the judge's ruling. The context of the case prevents it from being sexual discrimination, and I highly doubt the dentist is attracted to every woman he sees.
Last edited by Caninope on Fri Dec 21, 2012 11:29 am, edited 1 time in total.
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Postby 4years » Fri Dec 21, 2012 11:32 am

Daistallia 2104 wrote:http://m.kcci.com/news/Court-Bosses-can-fire-irresistible-workers/-/16916438/17865692/-/ic3n6cz/-/index.html

tl; dr: A dentist fired a woman he found attractive, after his wife found it threatening. And today, the Iowa SC said that was OK.

Frankly, I think this sounds particularly stupid. I will wait before making a final judgement, though...

What say the great unwashed masses of NSG?


I call sexual discrimination.
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Postby Esternial » Fri Dec 21, 2012 11:34 am

It's funny because the sexist boss hired her because of the same reason.

Now they're giving him an excuse to fire her if she doesn't want to 'have fun'

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Postby Miss Defied » Fri Dec 21, 2012 11:35 am

I think it's shitty. However, from a legal standpoint, if Iowa is a right-to-work state, then there you go, it's fine I suppose. This is another reason right-to-work is shitty; you can get fired for no legitimate reason. I'd like a bit more detail about how they avoided this being a sexual discrimination case. And the last line of that little article made me shudder,
Knight's lawyer says the court's decision is "in favor of family values."
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Postby Miss Defied » Fri Dec 21, 2012 11:36 am

Caninope wrote:
Daistallia 2104 wrote:http://m.kcci.com/news/Court-Bosses-can-fire-irresistible-workers/-/16916438/17865692/-/ic3n6cz/-/index.html

tl; dr: A dentist fired a woman he found attractive, after his wife found it threatening. And today, the Iowa SC said that was OK.

Frankly, I think this sounds particularly stupid. I will wait before making a final judgement, though...

What say the great unwashed masses of NSG?

I say that he should be able to fire someone who works for him so long as it is not prohibited by law.

I am not familiar with anywhere in discrimination laws that covers the highly subjective attractiveness criteria.

EDIT: And I agree with the judge's ruling. The context of the case prevents it from being sexual discrimination, and I highly doubt the dentist is attracted to every woman he sees.

So you really believe that a person should be subject to termination because their boss's wife is jealous?
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Postby San-Silvacian » Fri Dec 21, 2012 11:38 am

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Daistallia 2104
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Postby Daistallia 2104 » Fri Dec 21, 2012 11:47 am

Miss Defied wrote:I think it's shitty. However, from a legal standpoint, if Iowa is a right-to-work state, then there you go, it's fine I suppose. This is another reason right-to-work is shitty; you can get fired for no legitimate reason. I'd like a bit more detail about how they avoided this being a sexual discrimination case. And the last line of that little article made me shudder,
Knight's lawyer says the court's decision is "in favor of family values."


Just to point out, you're confusing right-to-work with at will employment. Not that they aren't both wrong and stupid.
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Postby Caninope » Fri Dec 21, 2012 11:47 am

Miss Defied wrote:
Caninope wrote:I say that he should be able to fire someone who works for him so long as it is not prohibited by law.

I am not familiar with anywhere in discrimination laws that covers the highly subjective attractiveness criteria.

EDIT: And I agree with the judge's ruling. The context of the case prevents it from being sexual discrimination, and I highly doubt the dentist is attracted to every woman he sees.

So you really believe that a person should be subject to termination because their boss's wife is jealous?

No, I don't think they particularly should, but I think the boss should have the right anyways.

In other words, bosses should be able to do this, but it's a dick move.
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Postby Daistallia 2104 » Fri Dec 21, 2012 11:47 am

Miss Defied wrote:I think it's shitty. However, from a legal standpoint, if Iowa is a right-to-work state, then there you go, it's fine I suppose. This is another reason right-to-work is shitty; you can get fired for no legitimate reason. I'd like a bit more detail about how they avoided this being a sexual discrimination case. And the last line of that little article made me shudder,
Knight's lawyer says the court's decision is "in favor of family values."


Just to point out, you're confusing right-to-work with at will employment. Not that they aren't both wrong and stupid.
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Postby Sdaeriji » Fri Dec 21, 2012 11:48 am

She must still be able to collect unemployment, since she was terminated without cause. Unless "being hot" is now being considered cause, in which case what is this I don't even applies.
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Postby Caninope » Fri Dec 21, 2012 11:49 am

Miss Defied wrote:I think it's shitty. However, from a legal standpoint, if Iowa is a right-to-work state, then there you go, it's fine I suppose. This is another reason right-to-work is shitty; you can get fired for no legitimate reason. I'd like a bit more detail about how they avoided this being a sexual discrimination case. And the last line of that little article made me shudder,
Knight's lawyer says the court's decision is "in favor of family values."

I can think of several reasons.

Firstly, I doubt the dentist frequently texts his other female employees outside of work on personal matters. Secondly, I doubt that he flirts with every woman. Thus the case is specific to this woman, and not all women.
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Because Caninope may be in that room with you.
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Postby Souseiseki » Fri Dec 21, 2012 11:49 am

Daistallia 2104 wrote:http://m.kcci.com/news/Court-Bosses-can-fire-irresistible-workers/-/16916438/17865692/-/ic3n6cz/-/index.html

tl; dr: A dentist fired a woman he found attractive, after his wife found it threatening. And today, the Iowa SC said that was OK.

Frankly, I think this sounds particularly stupid. I will wait before making a final judgement, though...

What say the great unwashed masses of NSG?

Would you give a fuck if he fired her because she was butt ugly? Be honest.
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Postby Miss Defied » Fri Dec 21, 2012 11:51 am

Daistallia 2104 wrote:
Miss Defied wrote:I think it's shitty. However, from a legal standpoint, if Iowa is a right-to-work state, then there you go, it's fine I suppose. This is another reason right-to-work is shitty; you can get fired for no legitimate reason. I'd like a bit more detail about how they avoided this being a sexual discrimination case. And the last line of that little article made me shudder,


Just to point out, you're confusing right-to-work with at will employment. Not that they aren't both wrong and stupid.

Yes, you are correct. I guess I just always thought that at-will was part of most right-to-work policies.
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Postby New Chalcedon » Fri Dec 21, 2012 11:53 am

Caninope wrote:
Miss Defied wrote:I think it's shitty. However, from a legal standpoint, if Iowa is a right-to-work state, then there you go, it's fine I suppose. This is another reason right-to-work is shitty; you can get fired for no legitimate reason. I'd like a bit more detail about how they avoided this being a sexual discrimination case. And the last line of that little article made me shudder,

I can think of several reasons.

Firstly, I doubt the dentist frequently texts his other female employees outside of work on personal matters. Secondly, I doubt that he flirts with every woman. Thus the case is specific to this woman, and not all women.


The moment he started flirting with her, she was damned no matter what she did.

If she returned his flirtations (with or without intent to go beyond flirting is irrelevant), his wife gets him to fire her in a fit of jealousy.

If she didn't return his flirtations, he fires her. And sexual harassment dismissals are damned hard to prove - nine times out of ten they're "he said, she said" cases.

Poor girl.....but being fired for the offense of being an attractive female surely falls under some kind of sexual-discrimination laws. Also, Caninope, I've noticed that libertarians say that a lot: "I think it's a dick move for X to do it (and it will ruin at least one person's life), but it's better than letting the government stop them!"

It strikes me as a profoundly myopic approach to take.
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Postby Caninope » Fri Dec 21, 2012 11:54 am

Miss Defied wrote:
Daistallia 2104 wrote:
Just to point out, you're confusing right-to-work with at will employment. Not that they aren't both wrong and stupid.

Yes, you are correct. I guess I just always thought that at-will was part of most right-to-work policies.

At will employment is a fairly long standing doctrine of American law and seems to be one of the reasons why unemployment has normally trended below the Western European norm.
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Postby Caninope » Fri Dec 21, 2012 11:58 am

New Chalcedon wrote:Poor girl.....but being fired for the offense of being an attractive female surely falls under some kind of sexual-discrimination laws.

Not according to the (relatively limited) precedent in the US. Here's what the Equal Employment Opportunity Commission says on sexual discrimination.
Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person’s sex.

His argument would argue that it's not because of her sex, but rather because of her actions specifically.

Also, Caninope, I've noticed that libertarians say that a lot: "I think it's a dick move for X to do it (and it will ruin at least one person's life), but it's better than letting the government stop them!"

And I see at will employment as fairly important.

It strikes me as a profoundly myopic approach to take.

Not if one thinks that at will employment is more important than this.
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Me wrote:Just don't. It'll get you a whole lot further in life if you come to realize you're not the smartest guy in the room, even if you probably are.

Because Caninope may be in that room with you.
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Norstal wrote:What I am saying of course is that we should clone Caninope.

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Postby Miss Defied » Fri Dec 21, 2012 11:59 am

New Chalcedon wrote:
Caninope wrote:I can think of several reasons.

Firstly, I doubt the dentist frequently texts his other female employees outside of work on personal matters. Secondly, I doubt that he flirts with every woman. Thus the case is specific to this woman, and not all women.


The moment he started flirting with her, she was damned no matter what she did.

If she returned his flirtations (with or without intent to go beyond flirting is irrelevant), his wife gets him to fire her in a fit of jealousy.

If she didn't return his flirtations, he fires her. And sexual harassment dismissals are damned hard to prove - nine times out of ten they're "he said, she said" cases.

Poor girl.....but being fired for the offense of being an attractive female surely falls under some kind of sexual-discrimination laws. Also, Caninope, I've noticed that libertarians say that a lot: "I think it's a dick move for X to do it (and it will ruin at least one person's life), but it's better than letting the government stop them!"

It strikes me as a profoundly myopic approach to take.

There's no evidence of any kind of flirtation anyway, so it was wrong of Caninope to even bring it up. The woman was fired because the wife demanded it. I think it's dangerous to go down the road of allowing people to be fired because a business owner's spouse is unhappy with en employee in some way.
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Postby Neo Art » Fri Dec 21, 2012 12:02 pm

Sexual harassment is generally defined as making a positive employment situation contingent upon accepting, or making a negative employment situation retaliation for refusing to accept, sexual advances.

"You are fired because my wife is jealous of you" is not therefore a definition of sexual harassment. It's douchy, obnoxious, and certainly unethical. but it's not really protected.
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Postby Caninope » Fri Dec 21, 2012 12:04 pm

Miss Defied wrote:There's no evidence of any kind of flirtation anyway, so it was wrong of Caninope to even bring it up.

There's the texting about personal matters, which could fall under that umbrella, but sure.

The woman was fired because the wife demanded it. I think it's dangerous to go down the road of allowing people to be fired because a business owner's spouse is unhappy with en employee in some way.

I don't think so. The business owner is free to terminate employment as he wishes, and his spouse advised him on what to do.
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Agritum wrote:Arg, Caninope is Captain America under disguise. Everyone knows it.
Frisivisia wrote:
Me wrote:Just don't. It'll get you a whole lot further in life if you come to realize you're not the smartest guy in the room, even if you probably are.

Because Caninope may be in that room with you.
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Norstal wrote:What I am saying of course is that we should clone Caninope.

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Postby Esternial » Fri Dec 21, 2012 12:06 pm

Neo Art wrote:Sexual harassment is generally defined as making a positive employment situation contingent upon accepting, or making a negative employment situation retaliation for refusing to accept, sexual advances.

"You are fired because my wife is jealous of you" is not therefore a definition of sexual harassment. It's douchy, obnoxious, and certainly unethical. but it's not really protected.

"You are fired because you don't want to have sex with me."
Last edited by Esternial on Fri Dec 21, 2012 12:06 pm, edited 1 time in total.

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Neo Art
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Postby Neo Art » Fri Dec 21, 2012 12:07 pm

Esternial wrote:
Neo Art wrote:Sexual harassment is generally defined as making a positive employment situation contingent upon accepting, or making a negative employment situation retaliation for refusing to accept, sexual advances.

"You are fired because my wife is jealous of you" is not therefore a definition of sexual harassment. It's douchy, obnoxious, and certainly unethical. but it's not really protected.

"You are fired because you don't want to have sex with me."


Yes that would absolutely and unambiguously be sexual harassment, that is true.

Now when did that happen here?
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Postby New Chalcedon » Fri Dec 21, 2012 12:08 pm

Caninope wrote:
New Chalcedon wrote:Poor girl.....but being fired for the offense of being an attractive female surely falls under some kind of sexual-discrimination laws.

Not according to the (relatively limited) precedent in the US. Here's what the Equal Employment Opportunity Commission says on sexual discrimination.
Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person’s sex.

His argument would argue that it's not because of her sex, but rather because of her actions specifically.


Not the approach his lawyer seems to have taken: from the source, the lawyer didn't argue that she had been flirting or "homewrecking" and was fired thereby, she was fired simply because his wife found out that the pair of them were having anything to do outside work and indulged in a fit of jealousy.

Why do you assume that she flirted with him? There's no evidence of that that I could find - in point of fact, there's scant evidence I could find that he was flirting with her! They'd been workmates in what was (probably) one of those small family medical practices, and had - as one does after a decade or more working side-by-side - started dealing with each other as human beings, rather than as cogs in a machine.

Also, Caninope, I've noticed that libertarians say that a lot: "I think it's a dick move for X to do it (and it will ruin at least one person's life), but it's better than letting the government stop them!"

And I see at will employment as fairly important.


Aah, well, I......don't. I value justice, and the employer - who by definition has more power over the employee than vice versa in 99% of cases - doesn't need the government's help to balance the scales. The employee, OTOH, does.

It strikes me as a profoundly myopic approach to take.

Not if one thinks that at will employment is more important than this.

If you are operating from that premise, true. As I noted above, I am not.

Caninope wrote:
The woman was fired because the wife demanded it. I think it's dangerous to go down the road of allowing people to be fired because a business owner's spouse is unhappy with en employee in some way.

I don't think so. The business owner is free to terminate employment as he wishes, and his spouse advised him on what to do.


By "advised", you mean "delivered an ultimatum". Let's face it, if you were in his shoes - your spouse is demanding that you fire a friend - that's what it would take. Either that, or some fairly serious browbeating....
Fuck it all. Let the world burn - there's no way roaches could do a worse job of being decent than we have.

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Esternial
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Posts: 54369
Founded: May 09, 2009
Inoffensive Centrist Democracy

Postby Esternial » Fri Dec 21, 2012 12:10 pm

Neo Art wrote:
Esternial wrote:"You are fired because you don't want to have sex with me."

Yes that would absolutely and unambiguously be sexual harassment, that is true.

Now when did that happen here?

Well, the problem is that the boss could just use the first argument (that she's too attractive) while the real motive is the one I mentioned.

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