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.
–No one. The Iowa Supreme Court revisited its December opinion in the case of Melissa Nelson’s firing for being too attractive and removed the above language. The new opinion limits the holding to the narrow facts of the case in order to prevent gender-based firings masquerading as “irresistible attraction” claims.
* Former Patriots TE Aaron Hernandez arrested. In other news, that Patriots offense was killing people last year. [NBC News]
* Elie appeared on HuffPo Live to explain how today’s rulings changed his marriage. [Huffington Post Live]
* For all the role-playing game nerds out there, a guide to the SCOTUS alignments. I’m not sold that Scalia isn’t “Lawful Good” and Alito “Chaotic Good,” but the point remains. [It's a Great Life If You Don't Weaken]
* Aaron Zelinsky has a solution for the Supreme Court’s decision to strike down the VRA formula — force every jurisdiction to adhere to Section 5 preclearance. That would make way too much sense. [Concurring Opinions]
* This judge makes important observations about rodent control. Or at least some clerk slipped footnote 5 in because Caddyshack deserves more legal citation. Unfortunately it does not conclude with, “By Order of this Court, We’re All Gonna Get Laid.” Opinion below…
– Melissa Nelson, the dental hygienist who was fired for being too hot (aka an “irresistible attraction”), in response to Daniel Tosh’s question — “Did you walk out real slutty?” — posed during this week’s episode of Tosh.0 on Comedy Central.
(Nelson, who lost her gender discrimination suit at the Iowa Supreme Court, received a Web Redemption on Tosh.0, where she dressed as a sexy dental assistant. Continue reading to see the clip.)
So, as many of you have heard by now, Iowa’s Supreme Court recently issued a unanimous opinion which disguises lecherous workplace behavior as a valid legal avenue to terminate employees. You see, bosses can now fire employees whom they deem to be “irresistible attractions,” regardless of whether the employee has ever engaged in flirtatious behavior. In Iowa, it’s now completely acceptable for bosses to fire employees simply for having sex organs that they, in their managerial roles, are unable to use as they see fit. Dear God, you’ve got breasts? You’re so fired. Your ass looks good in slacks? Don’t even bother going back to the office.
This seems a bit sexist, but we suppose these kinds of things do happen when your state’s highest court is a huge sausage fest. And before you start whining about how unfair and discriminatory this is, don’t even bother, because it’s not. Iowa’s Supreme Frat House has decided that this is sort of behavior is controlled by feelings and emotions, not gender. This can’t possibly be gender discrimination, because bosses that want to bone their female employees shouldn’t be expected to control their feelings and emotions.
And it doesn’t matter if that same boss wouldn’t feel the same way about a male employee because of his gender, because the bros on Iowa’s most important bench don’t even care if this opinion makes sense….
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: email@example.com.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
Whether you’re fresh off the bar exam or hitting your stride after hanging a shingle a few years ago, one thing’s for certain: independent attorneys who start a solo or small-law practice live with a certain amount of stress.
Non-attorneys would think the stress comes from preparing for a big trial, deposing a hostile witness, or crafting the perfect contract for a picky client.
But that’s nothing compared to the constant, nagging, real-life kind, the kind you get from the day-to-day grind of being a law-abiding attorney.
Connecticut plaintiffs-side boutique litigation firm (12 lawyers) seeks full-time associate with 2-4 years litigation experience, top tier undergraduate and law school education. Journal or clerkship experience a plus; highest ethical standards and strong work ethic required. Familiarity with Connecticut state court legal practice is preferred, but not required.
The firm handles sophisticated, high-end cases for plaintiffs, including individuals and businesses with significant claims in a wide array of matters. Our cases often have important public policy implications, and are litigated in state and federal courts throughout Connecticut. Representative areas of practice include medical malpractice, catastrophic personal injury, business torts, deceptive trade practices and other complex commercial litigation, and products liability.
Additional information can be located on our website, at www.sgtlaw.com.