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December 24, 2012


Replies: 251

Firing a woman because you think she's hot-- not illegal, not sexist

ISolitude Featured By Owner Dec 24, 2012

Some of the details of this case are a little strange. And of course there's the usual, "but was she asking for it? What was she wearing?" Some of the comments he made to her definitely qualify as sexual harassment (which is a sort of discrimination), never mind that he fired the poor girl.

But I think the bottom line is the last paragraph:

Framing the issue for the Iowa Supreme Court, Justice Edward M. Mansfield wrote: “The question we must answer is … 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.”

IMHO, justice was not done here. He really couldn't keep his eyes on the floor and his hands to himself?

And if he's so out of control, why does he "only hire women" anyway?

Should someone be allowed to fire someone else because they are "a threat to their marriage?" Is this a form of gender discrimination?

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Devious Comments

Tenshizuru Featured By Owner Dec 31, 2012
My head almost exploded when I read about this. If she'd been actively trying to seduce him, maybe, but she wasn't. Like he has no control over his own behavior. Disgusting.
kitsumekat Featured By Owner Dec 31, 2012
It's not but, she can sue for that.
NeoWarriorCat Featured By Owner Dec 31, 2012
For some reason "I can't control myself" netted the guy more court sympathy than "my wife hates her guts".

I mean, we all know that's the real reason in this case, right?
VISIONOFTHEWORLD Featured By Owner Dec 30, 2012
I'm terribly sorry but... I've seen enough girls get hired BECAUSE they were hot, over better qualified men, where I work. One of them had an affair with her boss, and she drove a BMW 3-series brand new- and other managers who were way above her used to joke that they couldn't afford anything like that ("one can only dream!") Quite often I've seen attractive looking women strutting around in spikey heels who all were hired by this same guy, and work under him. I was passed over for a job 5 years ago- they hired a cute bubbly 22 year old redhead instead. (it ended up being a blessing, I found a better paid position in the same dept months later :) )
And I know that outside of my single office in North Carolina, that thousands if not hundreds of thousands of women have their jobs because they looked hot. And I didn't even mention the porn industry ;)

So, my question for you is: If hundreds of thousands of women can be HIRED because they're hot, how the fuck should it be illegal to FIRE one for the same reason?
ISolitude Featured By Owner Dec 30, 2012
If you have to ask, you'll never know.
VISIONOFTHEWORLD Featured By Owner Dec 30, 2012
That's not much of an answer..
K-Koji Featured By Owner Dec 30, 2012
What makes you think it's any better that a woman is hired solely on her appearance? That's still sexism, and it's not the woman's problem or fault. It's the fault of the man who hired her. Men in positions of power also pass up absolutely qualified women in favour of "hot" women. Not to mention, there are just as many women who are not hired due to being attractive for all sorts of ridiculous reasons.
Her appearance shouldn't be a factor.
"Strutting around in spiky heels" also doesn't mean squat. So long as her attire is deemed work appropriate ( and often, heels are a part of what's deemed acceptable at work, often being looked down on if they DON'T wear them).
I'm curious how you know the "cute bubbly redhead" was hired in place of you just because she was "cute and bubbly?" :o Unless you were in the interview/
staple-salad Featured By Owner Jan 1, 2013
There have been studies that show some appearance based discrimination in hiring practices, there have been a few studies done. I'd link one but dA keeps telling me my comment is spam. If you google "obesity discrimination hiring" you'll find a bunch (granted, they are about obesity and not "hotness" but weight is so often considered as a deciding factor between the two that it's still fairly relevant).
Jeysie Featured By Owner Jan 2, 2013  Hobbyist Writer
And it hits men too, not just women. Traditional attractiveness may be downplayed some, but men are still expected to be reasonably fit, at least plain-looking, well-groomed, etc.

Especially if they're working in a position that requires personal presence dealing with customers. Someone is far more likely to want to buy from a decent-looking, fit, young, polished salesman, than a short, fat, sweaty, comb-over, wrinkly salesman.
K-Koji Featured By Owner Jan 1, 2013
Oh yeah, I can totally see that happening.
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