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Court: Legal to fire employee for being too attractive

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    Dental assistant fired in 2010 for being an 'irresistible attraction'

  • Duration 5:18
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And the Iowa Supreme Court has ruled that a woman has apparently to attracted to keep her job 32 year old Melissa Nelson spent a decade working as a dental assistant Intel.

She was fired in 2000 intend claiming she was a threat to her bosses marriage Nelson sued.

Her boss for gender discrimination a judge ruled.

She had no case since she wasn't fired because of her gender.

But because she was a threat to family values the Iowa Supreme Court unbelievable -- Has just upheld that ruling it unanimously.

Seven to zero.

That bosses can fire employees they see as an irresistible.

Attraction.

After every now Arthur Dow lost all say a criminal defense -- Fox News legal analyst Joey Jackson former prosecutor criminal defense attorney all right.

Now clearly the Iowa Supreme Court got it wrong and when I advised Arthur.

-- -- -- -- I think you want to.

Is in laying down the middle that I he was going to crush -- -- with the logic of his argument it's Christmas time -- -- gentlemen if you look at the legal precedent here.

They just upheld the lower court judge look at all the rulings that was similar to Saxon area to this one and they -- up of the appeals court had no problem.

Quickly saying nick nick nick and he is correct a lower court judge Greg there is no case -- the issue of course is not whether a jury could find that the doctor treated the employee badly we're essence I don't even genuine fact exists.

As to whether.

He engaged in unlawful gender discrimination.

He works with -- -- women Greg -- women all around it including.

His wife did you would ever wonder how about they -- who looks that's been going on -- did you want to save his marriage.

Get rid America and he did.

And they -- -- vote for the marriage for that matter.

-- -- -- The sanctity of the family god I value don't no good -- I'll read the Iowa Civil Rights Act did you read.

You'd probably not so he's not in 1991.

When -- Credit for the New York you have bothered to read new law health.

He could you let -- know this.

That all you have to do is prove that gender is a actor one factor that's all Joey.

Well -- -- -- when I say this -- gonna say it this is outrageous.

Listen this is a -- -- family values everywhere when they count the decision that is the court in terms of family values what about.

The values of this woman what about equality what about.

Decency what about respecting women and not treating them as object this decision goes to -- -- consider the source Greg it was a decision made seven.

I'll be studied up having that burden on our court won't lower courts that candidate is -- not part of the best I Don a lot of decision is it what she would have not been targeting a few irresistible -- -- a woman running the law practice.

-- -- -- -- When did you -- with the marriage she could fire him as well not at all again I don't the Iowa Civil Rights Act says.

All the plan if passed to show is that gender is a factor in deposition.

The defendant said.

Yes if it was a man I would have retained the employee I wouldn't have fired him here for gender is a factor -- what is this guy was a homosexual.

At this that he would ask that -- -- -- in deposition right.

-- -- male employee who is -- it would be the same nor -- decision by the court will be exactly the same night.

-- -- the temptation was too great and was jeopardizing his domestic life yet.

But I think the bottom line here is this I think lesson.

Everyone has to be treated similarly bright and when you looked at this statute Greg you also look at title seven and title seven says.

That if sex discrimination is sex it's sex was a factor in this determination it makes it unlawful right the fact that somebody could be looked at and -- to be here we are -- the ball.

They argue that hard -- Giuliani if they prove army isn't it true counselor that had the plane -- that a man.

He would have kept his job.

The -- beyond the sexual orientation of his boss.

But isn't it true in the United States of America a person who puts himself through college and dental school and had.

Had their own business should be able to say I'm hiring this person I'm firing the I'm keeping that first or not it's not -- employment at will when you're.

You're going union -- -- -- and less they do sell and a discriminatory faction which downgrades women devalues women while they're not.

They've got you.

-- -- -- -- The dialogue they judge in the great state of Iowa who disagree with both of you -- agree with me.

Because then -- think that managers hitting.

The plaintiff's attorney said she lost her job simply by showing up for work in her female body -- you know what.

Well I'm glad I had that ought to be good days and it's a female bodies who -- at the job -- they can get -- do you want me to.

I would like to wish.

I know that I got a -- I would like to wish you -- And women alike America return it has that on the Dolly has -- in Brooklyn do you want me to put Oliver Wendell Al cried out out.

That was bought this land so prominent Seattle and I and I won't do it just for you very good -- Citizens -- Heather.

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