A dental assistant in Iowa who was let go for being an "irresistible attraction" to her employer is seeking a rehearing after the Iowa Supreme Court ruled that she was not the victim of sex discrimination, according to the Des Moines Register.
James H. Knight, DDS, of Fort Dodge hired 20-year-old dental assistant Melissa Nelson in 1999, shortly after she graduated from community college. Nelson worked for Dr. Knight for more than 10 years.
On several occasions during the last year and a half when Nelson worked in the office, Dr. Knight complained to Nelson that her clothing was too tight, revealing, and "distracting," according to legal documents. They started exchanging texts about various things outside of work, but said they were not intimately involved.
Dr. Knight's wife eventually found out about the texting and told her husband he had to fire Nelson because she was a threat to their marriage. He subsequently did.
In August 2010, Nelson sued Dr. Knight, alleging that she had been discriminated against because she was a woman.
However, the district court dismissed the case, saying Nelson was fired not because she was a woman but because she posed a threat to Dr. Knight's marriage, and an appeals court upheld the dismissal.
The state Supreme Court then upheld the two lower court rulings, stating in part, "Ms. Nelson was fired not because of her gender but because she was threat to the marriage of Dr. Knight. For the reasons stated herein, we ultimately conclude the conduct does not amount to unlawful sex discrimination in violation of the Iowa Civil Rights Act."
In her court petition for reconsideration, Nelson says she was fired "simply for existing as an attractive female." The dental assistant, who has a young daughter, said she was devastated by the termination, and said it sends a message that men can do whatever they want in the workforce.
