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.
– 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….
* Another year, another round-up of the year’s legal highlights from the National Law Journal. Perhaps after a year that was wracked with destruction for this supposedly noble profession, we’ll actually see some substantial change in 2013. [National Law Journal]
* Meanwhile in Iowa, failure to sleep with your horndog boss is “like having a Lamborghini in the garage and never driving it,” so if he’s irresistibly attracted to your exotic lady parts car, you better be ready, willing, and able to find yourself a new job. [Washington Post]
* People were so pissed off about Instagram’s new terms of service that someone filed a class action suit. The app’s litigation filter must make exasperated attorneys and wasted dollars look shiny and happy. [Reuters]
* “It is not the perfect path to wealth and success that people may have envisioned.” As we’ve been stating here at Above the Law for years, being a lawyer is no longer the golden ticket that it once was. [Bloomberg]
* ASU Law will now offer a North American Law Degree that’ll prepare graduates to practice in the U.S. and Canada. Yes, ship your jobless grads north where there’s an articling crisis, great idea! [Associated Press]
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…
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 six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months, and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.