Iowa Court Reconsiders Firing of ‘Irresistible’ Assistant

A dental assistant fired because her boss thought she was too attractive has won a rare reconsideration by the Iowa Supreme Court on her sexual discrimination lawsuit.

Chief Justice Mark Cady signed an order on June 24 that resubmitted a lawsuit filed by Melissa Nelson. The reconsideration by the court became effective Wednesday morning and a new decision could come as early as today, the Des Moines Register reported.

Justices have granted just five petitions to rehear a case over the past decade.

Nelson sued after she was fired by her boss, Webster County dentist James Knight, in 2010. She claimed Knight complained to her about being distracted by her appearance. Knight’s wife eventually demanded that Nelson be fired when she discovered in late 2009 that her husband was exchanging text messages with his assistant, though usually about child-related matters.

Knight said he consulted with his pastor then told Nelson’s husband in January 2010 that his assistant was a threat to his marriage and he feared he would attempt an affair if she remained employed through him.

The seven-man court ruled in late December that Nelson’s firing did not violate the Iowa Civil Rights Act because it was motivated by specific emotions tied to a specific relationship, not gender.

Nelson petitioned the court to withdraw its December ruling, which she called a “significant blow to gender equality.” She said the court erred because her gender played a role in her termination.

Nelson’s lawyer argued on appeal in court documents that “if Dr. Knight would have been liable to Nelson for sexually harassing her, he should not be able to avoid liability for terminating her out of fear that he was going to harass her.”

Topics Iowa