Back in December of 2012, the Iowa Supreme Court made national news in Nelson v. James H. Knight DDS, P.C., when it held that a termination based on being too physically attractive was not illegal sex discrimination. Last week, the Court issued a second opinion in the case, reaffirming its original position.
The case centers on a male dentist who terminated a female employee that he called “an irresistible attraction”. He explained that he felt her continued employment was a threat to his marriage.
The original decision by the Iowa Supreme Court, finding that the termination did not amount to sex discrimination, became national news and caused widespread debate about the determination made by the all male Court.
After granting the Plaintiff’s request for reconsideration, the final decision issued last week by the Iowa Supreme Court reaffirmed it’s previous holding. The Court found a distinction between “feelings and emotions regarding a specific person”, even if the relationship would have been different had the employee been of the opposite gender, and a termination based on gender itself.
It is important to note, that the Plaintiff in this case did NOT allege sexual harassment. The Court clearly noted that this case’s holding assumes no coercion or quid pro quo harassment.
If you feel that you have been the victim of sex discrimination or have been accused of discriminatory employment action based on gender, contact a Minneapolis employment lawyer with LeBlanc Law & Mediation at 612-819-9652.
