Dentist acted legally in firing aide he was attracted to, court affirms

2013-07-13T00:00:00Z Dentist acted legally in firing aide he was attracted to, court affirmsThe Associated Press The Associated Press
July 13, 2013 12:00 am  • 

IOWA CITY, Iowa - A dentist acted legally when he fired an assistant because he had grown too attracted to her and worried he would try to start an extramarital affair, the Iowa Supreme Court reaffirmed Friday in its second crack at the controversial case.

Reaching the same conclusion as it did in December, but clarifying its rationale, the court found that bosses can fire employees that they and their spouses see as threats to their marriages. The court said such firings do not count as sex discrimination because they're motivated by feelings, not gender.

The ruling upholds the dismissal of a discrimination lawsuit filed by Melissa Nelson against James Knight. The Fort Dodge dentist fired the 33-year-old Nelson - two decades his junior - after his wife learned of text messages between the two. The married mother of two had worked for Knight for 10 years.

Nelson's attorney asked the court to reconsider its December decision. The all-male court took the unusual step last month of withdrawing its opinion after national publicity and criticism, granting a motion to reconsider for the fifth time in a decade.

In December, the justices ruled the key issue was "whether an employee who has not engaged in flirtatious conduct may be lawfully terminated simply because the boss views the employee as an irresistible attraction."

Justice Edward Mansfield removed that language Friday and emphasized the ruling's limited scope, noting that Nelson did not bring a sexual harassment claim.

He said that firing workers because of gender-specific characteristics such as their looks can violate their civil rights, but that the facts in Nelson's case didn't support such a claim.

The firing came at the request of Knight's wife, who was concerned about the relationship between Knight and Nelson. The Knights' pastor was present when Nelson was fired.

The decision failed to silence critics.

Nelson's attorney, Paige Fiedler, said it punished women who deal with workplace sexual harassment informally out of a desire to avoid retaliation.

Nelson has said she viewed Knight as a father figure and never sought a romantic relationship. But Chief Justice Mark Cady said the two still had a relationship that went beyond the "reasonable parameters of workplace interaction."

"Melissa's life will never be the same after this experience: She has lost her profession and endured great emotional distress- all because her boss didn't think he would be able to control himself," Fiedler said.

"Melissa's life will never be the same after this experience: She has lost her profession and endured great emotional distress - all because her boss didn't think he would be able to control himself."

Paige Fiedler, lawyer for Melissa Nelson

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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