Bosses Can Fire Hot Workers For Being 'Irresistible': All-Male Court

[Kardezar]

I guess it would depend on the line of work whether or not it's a distraction. But in the end it's ridiculous men should be able to control how they work when someone they're attracted to is around. That's just a fact of life.

[Masark]

Except in a "right to work" state you can be fired for anything. If you wear a blue shirt, and your boss doesn't like the color blue, he can fire you, 100% legally. By law, what he did is legal, tough break for her.

No, that's "at will" state. RTW is regards to unions.

They're related idiocy, but not the same thing.

[ewhenn]

No, that's "at will" state. RTW is regards to unions.

They're related idiocy, but not the same thing.

You're correct, fixed that.

[jbhasban]

Times like these I am glad we have unions. I can confirm that her case is accurate. She was about 18-19 years old. I suppose her hitting on him a consistent problem or not is pretty bad. He told her that he wanted to have sex with her. Thankfully she had enough self respect to say no and complain because it was the right thing to do.

People do not question in times like that. He did something wrong and she complained about it. That is not wrong. In fact that is the right thing to do. There is not an unwritten rule saying they have hit on you at least twice to take offense. I suppose she was mad and thought her manager would have corrected it. You are looking at this entire situation from behind the desk.

You do know we have a high case of women being abused by the rules. That's why there are so many sexual harassment lawsuits. The place you just designed you should be able to hire and fire and have sex with the women if they consent and when you hiring them that might be sole purpose is actually sexually harassment. She just does not know it yet.

Sexual harassment is bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors.[1] In most modern legal contexts, sexual harassment is illegal. As defined by EEOC, "It is unlawful to harass a person (an applicant or employee) because of that person’s sex." Harassment can include "sexual harassment" or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.

Where laws surrounding sexual harassment exist, they typically don’t prohibit simple teasing, offhand comments, or minor isolated incidents. In the workplace, harassment may be considered illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted, or when the victim decides to quit the job).

The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.[2]

It includes a range of behavior from mild transgressions to sexual abuse or sexual assault.[3] Sexual harassment is a form of illegal employment discrimination in many countries, and is a form of abuse (sexual and psychological) and bullying. For many businesses and other organizations, preventing sexual harassment, and defending employees from sexual harassment charges, have become key goals of legal decision-making

http://en.wikipedia.org/wiki/Sexual_harassment

Asking someone if they would like to sleep with you is a minor incident when it comes from a coworker. It is not outrageous enough to warrant being labeled sexual harassment UNLESS it was from the boss. It would be an uncomfortable question, no doubt, but I don't think an employee can reasonably feel harassed by one question from someone without power to directly impact her. Now if the coworker said "man you have a great rack and ass, I would love to tap that. Why don't you come to my place after work and we can put that ass to work" then yeah, I think that would constitute sexual harassment. Saying "Hey, I find you really attractive and wanted to know if you wanted to come over this weekend and have sex" sounds more awkward than offensive.

[Squeezus]

Asking someone if they would like to sleep with you is a minor incident when it comes from a coworker. It is not outrageous enough to warrant being labeled sexual harassment UNLESS it was from the boss. It would be an uncomfortable question, no doubt, but I don't think an employee can reasonably feel harassed by one question from someone without power to directly impact her. Now if the coworker said "man you have a great rack and ass, I would love to tap that. Why don't you come to my place after work and we can put that ass to work" then yeah, I think that would constitute sexual harassment. Saying "Hey, I find you really attractive and wanted to know if you wanted to come over this weekend and have sex" sounds more awkward than offensive.

Sorry, but that isn't what sexual harassment is. It can happen anywhere, from anyone. It isn't employment related. And why you would think that only a boss could sexually harass I'm not sure. I believe you are thinking of a separate issue where someone uses their power over someone else to try to get something from them. If someone is at work and being sexually harassed by an equal it still makes the work environment uncomfortable for them.

It seems like there are two groups in this thread. Those who know the law and are trying to explain to the others why what this guy did was not illegal, and the ruling was correct based on the law. The second group are those who are trying to use their opinion of what is right as to what the law is.

Those people agreeing with this decision are not saying that what the boss did was right, fair, etc. In fact most have said otherwise. They are saying though that based on the law there was no other way to rule, and no matter what you want to believe it is the same legal ruling that would have been handed down nearly everywhere in the US. I haven't read a single legal person's opinion on this case that disagreed with it.

This guy was obviously skeezy, and his wife was probably just as much, or even more of a force of the lady being fired. But think of the situation as if he wasn't a giant asshat with a crazy wife. What if this guy was a lonely single man who just happened to fall in love with a married employee. Knowing that he could never be with her would tear him up inside. I'm not sure why this was said before, but no, of course he can not control his hormones. I'm not sure why anyone would think that a person could just choose to control their biological chemistry all willy nilly. Humans don't work that way. As far as keeping his emotions in check it obviously depends on the person. Some are great at it and others are horrible. In the case of someone who has lead a lonely life falling in love with a longtime employee I doubt they would have much control so it still comes back to the two choices. Fire her, or close the business and she gets fired anyhow. It's a shitty situation that would certainly fall under the same law as the first case if they ever made one, yet the two situations morally and justly are quite different. That's why they don't make laws about every single wrong in the world because they don't always have the intended affect.