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New twist in 'too attractive' to work scandal

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    Does fired dental assistant have a case?

  • Duration 6:35
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Tell escorted back in session on the docket today two irresistible.

To stay employed.

Meet Melissa Nelson she's the dental assistant with a decade's worth of experience who was fired by her boss because he believed.

That she was quote a threat to his marriage.

Just days ago on Friday the Iowa State Supreme Court made up of all male justices.

Ruled that Nelson's boss doctor James right night.

Was within -- legal rights to fire her.

While the pair reportedly did not have a sexual relationship doctor -- apparently made some rather racy comments to ms.

Nelson via text.

His wife got wind of it and ordered him to -- -- ms.

Nelson.

Nelson says that was illegal sex discrimination but the I was Supreme Court says no it was it's.

Joining me now least we'll Fox News legal analyst and mark I Clark a former prosecutor and now defense attorney.

-- case is the first of its kind in Iowa it raises an interesting issue because normally when you don't have an employment contract and if -- break it.

You be fired for being an attractive and can be fired for being not attractive from -- brown hair whatever.

-- haven't employment contract but she alleged that this was sex discrimination because of her looks and his attracted to.

It attraction for release -- -- the the cut in the court.

-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- I mean you Tony -- she's sitting around doing her job not doing anything inappropriate looking professional -- no allegation she was in a trance.

In -- him or anything like that.

Then suddenly she starts getting text from him which are described as mostly mundane except for the ones asking how a -- how often she experienced.

You know pleasure let's leave that no I can't happen what you say either yes but because -- -- no I won't -- good at that but the so she okay because these -- sitting -- text messages and suddenly developed an attraction for our she's got to go.

Note well yes and no first I agree -- with police the problem is this guy.

However there's a difference between -- unjust.

And what happened and it was clearly a just and what's unlawful.

This was -- just that she had brought this on herself.

But it wasn't unlawful if you read the opinion by the supreme court of Iowa with tremendous precedent.

Tremendous precedent because title seven of the Civil Rights Act of 1964 makes it unlawful to discriminate.

Based upon gender this a distinction between saying women.

-- the problem they should be fired or what the Iowa Supreme Court found with.

This particular woman is a problem because right.

-- -- Justified or not.

She poses a threat to the Harry I couldn't that was the basis around that leaves because what is -- -- is supposed to do when he does feel an attraction for her he's a married I can't.

The wife says she's got to go and the Los says it you you have to keeper in Europe white yes.

It doesn't I'm actually looking at the opinion right now the court absolutely got this wrong section.

2116 of the Iowa -- says it.

It's unlawful to discriminate based on sex and they haven't had a devastating.

Impact based on this evidence not discriminate and mark the case is that the court cited the case the case you just brought up all have to do where an employee and an employer had a consensual sexual relationship that didn't happen here so -- case.

They are with our mission.

Let me ask you this would you position be the same if it was -- male employer who found one of his male employees too hot and he.

Fired hold that thought at least -- -- that -- after this break.

-- -- so the question that was if this had been a male who was to attracted to a male employee right would that change the situation now it.

Wouldn't -- -- is still be gender bias discrimination -- the dentists were attracted to another man and that it that was a problem for his marriage and the only reason that the but the.

OK but I get a at least what should the dentist have done the pastor he consulted with his I'll consult with a -- they both said she's got a ghost of directed the -- What's -- making the decisions nor is the white this is a legal issue here.

You know what have you done -- maybe go see the pastor maybe -- America -- and maybe realizes there's more going on that you know has nothing to do with this -- woman who was just -- -- her job for ten years has something -- wholly apart from -- It was -- lately -- legal here go ahead mark I don't.

I don't disagree that this guy's lack of self control and is defects in personality they -- those need to be addressed I feel for this woman and her family.

The legal issue however is did they prove that it.

Was because she was -- female.

They addressed that in the lower court and the facts war there were Texas being sent by him and by her as well.

On personal issues not just -- -- on -- second are allegedly.

Alleged to hold public secondly he's -- -- factual findings made by the lower court and once -- factual findings are made there's a legitimate basis then.

Other than her being a female that form the basis of the 52 mark he was someone that sent attacks -- she's responding to and he's I don't -- -- -- -- -- what do you like better at least tell us.

They may I went out and -- she made one comment about the and frequency of her sex life in response to -- -- -- responding by saying.

That's like having a -- -- in the -- whenever driving it.

You know I think -- better off I think she's better off.

She's obviously very talented that we all agree there and she probably -- -- -- you know -- full employment but the but the thing is she was replaced by another woman so to say.

She was fired because she's a woman pushing back because she was a woman -- -- fired because she's a woman he was a -- -- An -- and not her fault for the poor woman should lose her job because she's too attractive that this guy it's his fault not -- she went wrong let's.

-- -- -- the English I want to know everything.

I don't I think -- -- you know mrs.

-- mrs.

night I'd say I want ms.

Nelson gone and apparently the husband of mrs.

Nelson.

Called the dentist every fire here.

And was -- The debt is like as -- have a fair weather and -- and the husband went away.

If it does well not as I went and she hasn't heard of Tripoli as well as you -- out and he's -- -- case but perhaps she's ultimately won.

The long term -- -- -- here.

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