Can You Lose a Job For Being Too Attractive?

Posted by Staff Editor in Career Advice • Oct 2, 2013

Yes, you read the title right and yes, it seems that you can lose a job for being too attractive.

There are many labor laws that serve to protect people from unfair or prejudicial hiring practices. For women, there are laws in place that are designed to protect them from being passed over for a job or for being fired due to their gender. There are even federal laws that make sexual harassment in the workplace illegal. For legal purposes, sexual harassment can include “unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.” It doesn't cover the occasional offhand comment, the thoughts an employer might be harboring and the jealous imaginings of the boss's spouse.

Recently, a dentist in Iowa fired his long time dental assistant because he claimed that she was too attractive and that in the time that they had been working together, he had grown increasingly more attracted to her. He was worried that he might attempt to start an affair with her, sexually harass her or behave in a way that would be harmful to his marriage.

While I don't think it should matter as far as the legal principles at play, it still seems worth noting that the assistant hadn't done anything to foster these feelings in her boss. At no point has she been accused of being overly flirtatious or behaving in a manner that would make him believe that she would be open to the idea of an affair with her boss. Again, not that it matters.

The dental assistant sued her former employer for wrongful termination and sexual discrimination. During the course of the trial, the legal issue being decided was “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.”

The case was heard in the Iowa Supreme Court where an all-male court ruled that yes, an employer can fire an employees, male or female, because they or their spouses view them as a threat to their marriage. The reason given is because the issue in question isn't based on gender, but instead is one of emotions and feeling, which aren't protected.

I'm not sure how I feel about this ruling, but I can see the court's point. On the other hand, I think that it's poorly done of the dentist to fire a long time employee based on his own feelings. When he hired her, I'm sure the fact that she was attractive played a large role in why he felt she was right for the job. For it to be used against her later seems wrong. However, I have to hope that this is an isolated incident and in the end, the dental assistant was better off for not having to continue to work for an employer who was having those types of thoughts about her.

What do you think? Do you think employers should be able to fire people because they're too attractive or because they think that they might be tempted to harass them? Please share your thoughts in the comments.

Image source: MorgueFile

Richard Lilley • Oct 13, 2013

Are you really surprised? You have some of the worst workers rights in the world! If you don't believe me, go check. It's about time working people of the u.s started to stand up for them selfs.

Theresa Gilliland • Oct 13, 2013

Since when is one held accountable for the admitted potential unprofessional behavior of another?The dentist not being able to control himself, should not become a problem for the employee. The dentist should be forced to seek help and the employee should not be fired because her "boss" can not exercise professionalism. Really, this case opens up all kinds of ramifications.

Kendall Thompson • Oct 13, 2013

I think that the court made the right desicion when they stood by marriage. It is time that women and men stood for their marriages. Divorce rates keep climbing because we have forgotten that marriage is supposed to be for life. It is a terrible thing when a marriage breaks up for any reason. How would you women feel if it were you husband who had this problem? Would you rather them fire their assistent or start an affair?

Deanne Henn • Oct 13, 2013

I don't think the article really tells us the whole story. Iowa is an at-will state so she had to know her chances for winning a wrongful termination suit were slim, especially since her boss was being proactive in try to prevent some grief for them both. What was the dentist supposed to do? Inform her of his feelings and tell her she should start looking for another position? Would she rather he acted on his feelings? Either way she's out of a job and at least being terminated makes getting unemployment a bit easier. Don't get me wrong, I am sympathetic to this woman. This is a lose-lose situation for her. But the job market for dental hygienists is healthy, everybody needs dental care. I can think of worse lots in life than being "too attractive". I would think if the dentist thought he could control his feelings he would have done so and not fired her. I think we should give him some credit for at least TRYING to do the right thing.

Patricia Johnson • Oct 13, 2013

Well...we can always wonder what the "real" reason was for firing the assistant; and a poor excuse is better than none. The assistant should not be penalized for being attractive to her boss without making flagrant advances and he's the one that needs some therapy to teach him to manage HIS emotions.

Karen A Ballard • Oct 13, 2013

I feel a situation like this should be handled with severance until employed as well as a letter of recommendation. I agree with the court that marriages should be protected , but the dentist may need marriage counseling.

Jerry Mcnair Jr • Oct 13, 2013

wrong and the dentist should relocate and not fire, because firing effects no just her but her entire family.

Gabriela Hochmuth • Oct 13, 2013

I juste think that this type of discrimination is a bad as firing someone because you are too ugly. it's impeding on you human rights and can have prejudicial consequences on even a confident woman. when work is involved, the employer should be blind to the physics and care only how the person works. the professional qualities should come first. This is only to be fair.. .Gabriela

Christine DeLoatch • Oct 13, 2013

Sad to say but in SC & NC you don't need a reason & you don't have to give any notice - because they are "right to work" states. They also frown on unions. I can't help but wonder if the reall issue was & is that they want to continue to biased without anyone calling them out about it. Where are the rights for workers here? Not a one; but they'll say it is equally fair because you can quit without notice & for no reason - according to the law. What they don't tell you is that if you do quit they hold it against you and you may not get any unemployment.

J Nijsten • Oct 13, 2013

After reading this article and ALL the subsequent comments, I can't help but wonder how many people actually read the article. Lots of people refer to an 'all male jury'. The article talks about the Supreme Court, which NEVER has a jury, as they only look over the applicable laws and if they were adhered to. As far as the case goes, there is lots of speculation going on, based on lack of information regarding the actual case in this article. The old law of attraction, never written down, but always present. Let's all be honest to ourselves. We all follow it in our everyday lives, from choosing a hairdresser to a salesperson we wish to deal with (or their assistant for that matter). As for hiring practices, people are hired because they get along with the person conducting the interview. Period. So once again: attraction. Their skills on paper may have gotten them that far, but the law of attraction will decide who gets the job. Pretty (a possible threat) or ugly ( in the eye of the beholder) aside, if you don't connect with the person doing the hiring, you don't get the job. For this particular article I offer the following. The dentist could have done any number of things with the same outcome: the assistant losing her job. He will probably lose a few customers over this, for the same reason they came to him in the first place (attractive assistant). There are too few instances were people overlook the physical (or connections) for talent and ability. In this case it seems like she has both, and facts not included in this article led to a deplorable situation, making just about everyone involved unhappy. We are not robots and we all have feelings and personal taste. All religions agree we have free will, so don't bother quoting one book or scroll over another. We are not perfect. Everyone makes mistakes as a result of their own choices. We need to learn to look at each other and see the skill and ability and not just the flaws.

Jody Yeganeh • Oct 13, 2013

This goes with the same thinking of many middle eastern countries and right wing religious believes that put the burden of what men think and do on women. Like women should where a covering because a man might get excited. Or, more dramatically the wrongful blame that a woman gets raped because of the way she dressed or behaved. This thought process and our court systems lack of responsibility of their role in defining the meaning and intent of law is wrong and dangerous. In this case, it is in fact because she is a women that she was discriminated. If this was a man that was very handsome and the male dentist was too attracted to him would the law have been equally applied? I would hope so, but sincerely doubt that it would have been viewed the same way and had the same outcome-- justice does not appear to have been blind in this case.

Paul Brown • Oct 13, 2013

That person must be a "strong" beauty or the employer a very weak person. Sounds more like a jealous spouse. In any event the law has spoken.

Charlene Saunders • Oct 13, 2013

Ok this is not only wrong,but this is very redunded of him (the dentist) he knew his thoughts when he hired this lady & because his lack of self~control & his wife's insecurities ;this should NEVER dictate the future of a faithful employee! This sad story sounds like Pre~Women's Lib. I'm a nurse & I pray God that something like this causes Me to lose My license or career.

Rebel White • Oct 13, 2013

How is an all male panel, in this case, fare? But bosses will fire or choose not to hire people everyday based on looks. I think this is what needs to be addressed so this practice will stop.

Kathy R • Oct 13, 2013

This is an absurd ruling; for male or female. What are people suppose to do? Look filthy and unpresentable at their work place? I see many like that in the medical and dental profession and it makes me cringe to have people like that touch me. I have been in the legal profession for many years and in my early career, served as a police officer. I was prejudiced against in many departments because I was a not a large manly looking female....oh well, their loss - my gain elsewhere working for agencies that appreciated my talents and education. It sounds like this is the dentist's issue and his and his spouse's insecurity - TOUGH! Get over it!

Patricia Reynolds • Oct 13, 2013

I totally agree with Wendy Jackson...she is spot-on!!!

Tim Adams Adams • Oct 13, 2013

No, the Dentist Should NOT have been able to fire the Lady Simply Because of the Silly Defenses that he made: She Should be Compensated for her Lost Wages !

Kim Johnson • Oct 13, 2013

I was let go when I was working for a Cardiologist. His wife was his nurse, and I was his assistant. I was 20, at the time, but it bothered his wife, and he told me this as he politely asked that I should not come back the next day. Whatever!!!!!!!!!!!!!!!!!!!!!!!

SharonStiles • Oct 13, 2013

I don't think it's fair he should given her time. He kept her for that long why not give her time and a reference. A good reference he didn't say her work was bad just that he thought she's hit n he had his wants. Every man does at least he admitted it could be an issue. Well if she liked him back. But it didn't come to that so how did the wife feel knowing he would have started something if he hadn't fired her. It's crazy. Punished for doing nothing. On both parts.

Lyudmila Levy • Oct 13, 2013

Unfortunately I am very familiar with this type of attitude of an employer who blamed me for being attractive although he was not my direct supervisor but the boss of the company. I did not communicate with him on a daily level at all. He used to stay at my office door for hours waiting for my appearance, he used to look at me all the time and he followed me... He created a very difficult work environment for me and I had to resign...As a matter of fact in the USA I feel it is a crime look good and you will be punished for that. Although can you change the features of your face or your figure? even if you don't use make up and tight clothes...

Rashid Ellis • Oct 13, 2013

I agree, the issue of self control should have came up on the employees side. The relationship between him and his wife means nothing. His inability to control himself is a direct representation of his character. Firing someone on the basis of appearance and sex is unlawful if the employee has not presented herself in a sexual way.The shear fact that his wife was mentioned shows that he carried intent to sexually harass her in some way. Firing her was not a conclusive solution to his unprofessional sexual desires. Hopefully, this case will not be used in the future to justify similar actions.

Albert Cophie • Oct 13, 2013

I the Dentist acted in the right way surely to prevent him from being caught at other side of the law [sexual harassment,rapist and the rest ect] which is more shameful.All those condemning this man for this action[there is an African proverb that says as you cry for chicken caught by the hawk you ought cry for the hawk also]the religious point of view The Jesus says if your best eye or hand offend thee cut it off,in this case not your phisical hand nor the eye,this assistance in this case,looking and lusting,it should not be said that this man has to deal with his emotions,I know and heard of big time preachers,pastors and evangelist those are so close half naked women their churches normaly fall into this dirty sexual immorality,if David,Samson's,Solomon's ect. were all victims who is this man not to take care?please very sorry Lady but I think you're better off the God help and provide another job which the income may be more than former.So the Delilahs,Basherbas and Jezeebels should take note,though I dont know the religious back ground of this man its very painful plucking out right eye thus the best you can to save your soul and family.Hopefully those may like to examine an d compare the word of God >Matt.chap.5 vrs27-30 this for ONLY those who reverend and examine themselves in the mirror of the Unchanging Word of God,please take note here The Lord was teaching on Immorality and Adultery.Once again lady trust in the Lord He would provide for you>[ as the good Lord said All things work together for good for those who Love the Lord]<.

LaVerne Green • Oct 13, 2013

This is not new and This speaks a lot for how women are exploited in the workplace. It seems to be suggested that because one is beautiful, she will be 'slutty' in secret. Perhaps this young woman's model behavior was in sync with her outward beauty and therefore she would not be a good candidate for someone else's 'slutty' ideas.

Lalitha Seetharaman • Oct 13, 2013

No employers should not be able to fire, as they cannot control their feelings.It is not the employees fault for being attractive It is god given. A man/woman must exercise good judgment in tricky situations.

L Jensen • Oct 13, 2013

Too bad the attractive employee was represented by an attorney that failed to select a more balanced gender jury.

Can You Lose a Job For Being Too Attractive?

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