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December 22, 2012

Comments

John David Galt

When the boss's only other choices are to lose his own job or his marriage, what the heck else do you expect him to do? This decision is right.

Richard Painter

Check the facts of the case. Self control might be a good start.

John David Galt

Self-control isn't going to stop the wife from leaving.

Stephen Gillers

So does this mean an employer in Iowa can lawfully choose not to hire attractive men or women, not because they are men or women, but because they are attractive and could disrupt the stability of the workplace? Or perhaps it means only that once hired they can be fired if their presence then leads to jealousy of a spouse/partner of certain office colleagues.

Richard Painter

For the opinion, see Nelson v. Knight:

http://www.iowacourts.gov/supreme_court/recent_opinions/20121221/

From the opinion:
“Dr. Knight acknowledges he once told Nelson that if she saw his pants bulging, she would know her clothing was too revealing. On another occasion, Dr. Knight texted Nelson saying the shirt she had worn that day was too tight. After Nelson responded that she did not think he was being fair, Dr. Knight replied that it was a good thing Nelson did not wear tight pants too because then he would get it coming and going.”

This seems like sexual harassment to me. One can dispute whether the comments were welcome, but the firing certainly wasn't.

This and other factual aspects of the case raise different issues than initial hiring decisions based on physical attractiveness.

Rick Underwood


Can you say "Idiotic"?

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