Melissa Nelson says she was fired for being too attractive and is now fighting back. An Iowa woman
was fired from her job because her boss found her "irresistible" and
said working with her risked his marriage.
She sued, but lost her legal battle last December. Now she's getting a chance to fight back.This week, Iowa's Supreme Court took a rare step withdrawing a unanimous decision in Melissa Nelson's case.
"People think this decision is just unfair," Iowa attorney and blogger for On Brief Ryan Koopmans said.
Dentist James Knight called Nelson one of the best dental assistants he'd ever had but he fired her in 2010.
Why? Because she presented an "irresistible attraction" court records say threatening his marriage.
"His reasoning was, I was affecting his home life, and his personal life and that it was time for me to go," Nelson said.
Records show Dr. Knights wife "demanded that he terminate Nelson's employment." Nelson sued claiming gender discrimination."I'm not attracted to him. I've never been attracted to him," she said.
Nelson said Dr. Knight complained "her clothing was too tight and revealing". Nelson said that wasn't the case.
"I just thought of myself as this everyday person that came to work," she said.
Last December the all male Iowa Supreme Court unanimously ruled Nelson's firing was unfair, but legal, and not gender discrimination answering the key question, can someone "be lawfully terminated simply because the boss views the employee as an irresistible attraction."
Nelson hasn't stopped fighting. In April, she brought attention to her case on comedy central with Tosh. O.
Now Iowa's supreme court is reconsidering its decision.
"It's really unprecedented. In this case there is no new evidence there is no fact that the Supreme Court missed," Koopmans said. "The only thing that's new here is the public reaction to the opinion. Which is mostly negative, actually overwhelmingly negative."
Nelsons attorney says her client is "delighted" at the news. Knight's attorney says he's confident the court will uphold its prior decision.
"I did my job to the best of my abilities, I work hard," Nelson said.
Now in its decision the Iowa Supreme Court pointed out that Dr. Knight hired a female replacement for Nelson and argued that showed that her firing was unfair, it was not gender discrimination.
The justices noted that if adverse action was repeatedly taken by an employer against persons of a particular gender, that may be seen as gender discrimination but not in this case.
The court did call Dr. Knight's decision to only pay Nelson one month's severance ungenerous.
Perils of having a perv as a boss. Lol
ReplyDeleteNa by force to insist u work with the man? I agree 100% with d boss for firing her if he finds her irresistible because if he doesn't and falls into temptation by having an affair with her, this same woman will then sue him for sexual assault. His marriage and reputation will be in ruins.
ReplyDeleteThe man is crazy abeg nd dunno wt can be irresitible abt this woman cos she luks average to me abi d man no get self control?
ReplyDeleteSee no evil....for ur eyes cn lead u into temptation, the man is tryn tosavehis life n marriage na
ReplyDeleteOnly in america cos this cnt happen in naija
ReplyDeleteGood man. . .better than being sued for sexual assault. Well done doc
ReplyDeleteThank you my broda@Ernest
ReplyDeleteBeauty is in the eyes of the beholder,na the man know wetin im dey see. Dosnt make it right thou.
ReplyDelete