“Too Attractive” Employee Firing Isn’t Gender Discrimination, Really?Posted: December 31, 2012
Ok, I’m a lawyer, so, you’d think I wouldn’t be shocked by a legal decision. But, I am.
Apparently, the Iowa Supreme Court has just ruled that it is not gender discrimination for a male employer to fire a female employee because he finds her “too attractive”.
Excuse me, isn’t it because of her gender that the employer dentist, James Knight, found his employee Melissa Nelson “too attractive”?
I wonder how many employers across the country will now use the “too attractive” defense to shut down legitimate claims of gender discrimination. And, frankly, how can any employee ever rebut the “too attractive” defense? Does the employee offer an expert to say that he/she isn’t “too attractive”? Besides the humiliation, an expert’s testimony would not likely be allowed because “attractiveness” is a subjective measure. Another words, if the employer says he/she finds the employee attractive, case over. It’s not gender discrimination and the employee has no recourse. Additionally, I wonder how many sexual harassment victims will lose their jobs under the pretense of the “too attractive” defense? Houston, we have a problem, a big problem.
Simply my opinion, what say you?