An interesting legal case has surfaced in Fort Dodge, Iowa
and concerns a dentist named James Knight and his assistant of ten years
Melissa Nelson. Despite her stellar work record, Mr. Knight fired Mrs. Nelson
because he found her “irresistibly attractive” and feared that her continued
employment posed a significant threat to his marriage. The termination came
after Dr. Knight’s wife (also employed at his office) found text messages
between the two she felt would lead to her husband’s infidelity. After receiving
the blessing of his pastor, Dr. Knight fired Mrs. Nelson and provided her with
a 1-month severance package.
Mrs. Nelson, who denies any flirting or impropriety of any
kind, filed suit against Knight for gender discrimination and it went to the
Iowa Supreme Court where the all-male panel unanimously upheld her firing. They
reasoned that since Nelson was replaced by another female employee, no gender
discrimination took place. They found that Dr. Knight’s actions were motivated
by the preservation of his marriage and this, in and of itself, does not
violate state law.
Dr. Knight |
During the proceedings, Dr. Knight accused Mrs. Nelson of
wearing clothing that was “too tight” but she insists she only ever wore
standard scrubs. Dr. Knight also admitted to remarking that Mrs. Nelson would
know her outfit was too tight when she noticed that his “pants were bulging.”
Court documents also revealed that the doctor had sent her a sexually-themed
text message and allegedly advised her that an infrequent sex life for her
would be “like having a Lamborghini in the garage and never driving it.”
Despite the case details, Nelson did not allege sexually
harassment because she did not feel like his comments had particularly offended
her. Her attorney sees the decision as a setback for women in the workplace,
remarking that the implications of the ruling are that women should somehow be
held responsible for their male employer’s sexual desires. Since her
termination, Mrs. Nelson has been working as a waitress and has no plans to
pursue her lawsuit any further.
There are many things wrong with this picture, and while I
applaud Mr. Knight’s commitment to monogamy, I do not think it would have been
too much to ask for him to secure her another job with a colleague since she
had been a stellar employee for over a decade. She wasn’t fired because she was
hot; she was fired because his wife discovered that he thought she was hot. Say
what you will about the pharmaceutical industry, but no one has ever accused
them of letting a representative go for being overwhelmingly comely.
What I cannot understand is why she did not allege sexual
harassment. There can only be two explanations for this and both of them are
disturbing:
1. Dr. Knight had created a workplace so saturated with sexual innuendos and double entendres that by comparison his comments and text messages to Mrs. Nelson were borderline respectful.2. Mrs. Nelson at least passively reciprocated his interest.
While it is possible that Mrs. Nelson enjoyed and perhaps
even encouraged these advances, my bet is on the former possibility. She
probably viewed him as a harmless flirt who stood between her and a career in
waitressing and therefore was willing to overlook the occasional automobile
metaphor. If this is true, her biggest mistake was giving him too much leeway.
Let me tell you something, if your workplace dress code is solely
contingent upon the prominence of your supervisor’s “trouser bulge” it could be
time to retain legal counsel and update your resume. Furthermore, I don’t know
that any of his female patients will feel comfortable with Dr. Protrusion putting
them under for a root canal after hearing this.
I can sympathize with Dr. Knight’s wife for acting in the
best interest of her marriage, but if your husband feels that comfortable discussing
the current status of his crotch with a female subordinate, trading one young
woman for another may just be treating the symptom. Also, if it took ten years of workplace
gestation for a colleague to become suddenly “irresistible” to your husband, it
either takes a really long time for her to come out of her shell or it had
taken nine and a half years for him to work his way through the entire
hygienist rotation and start hitting on her.
This is also a reason I do not envy pastors. Can you imagine
this conversation?
“Reverend, my wife and I feel it would be best for our marriage if I fire a loyal, hardworking employee simply because she has the misfortune of looking attractive in a set of neutrally-colored scrubs. This attribute could conceivably lead to an extramarital affair if there was any reason to believe she shared my sentiments. Therefore, I am afraid the only prudent course of action would be to abruptly terminate her family’s source of income. What do you think?”
“Did you address your concerns with the employee in question in order to provide her an opportunity to alter her wardrobe to something less appealing or arrange for a transfer to another dental practitioner?”
“Well father, I did tell her she made me happy in my pants.”
“I see……..”
This must be quite a
mixed bag for Mr. Nelson. Their household income was significantly reduced by
her termination but he is also one of the few guys at work who can tell his
friends that his wife was let go due to “excessive hotness.” At least working
as a waitress will keep her safe from the unwanted advances of older men....
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