Woman fired for 'being too cute' holds harsh HR lesson

Earlier this week, an American appeals panel overturned a lower court ruling that claimed employees cannot be fired because of their gender – however they can be fired for “being too cute”.

The ruling comes after a massage therapist filed a lawsuit against her former boss, a Wall Street chiropractor, after he fired her for allegedly being “too cute”. Dilek Edwards was told by her former boss, Charles Nicolai, that his wife may become jealous if they pair worked together.

Last year, Judge Shlomo Hagler, ruled against Dilek, saying her appearance couldn’t be cited as a reason for a discrimination claim. However, a panel did not agree, with Judge David Friedman saying that Dilek “was fired for no reason other than Adams’ (Nicolai's wife) belief that Nicolai was sexually attracted to her", adding that “this states a cause of action for gender discrimination under New York State Human Rights Law.”

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The eclectic case sheds light on the issues surrounding what constitutes a claim for wrongful termination, specifically how HR should intervene in cases such as this one. We spoke to Beverley Sunderland, Managing Director at Crossland Employment Solicitors, who detailed how an employer should be acting in accordance to the law, if this were to have occurred in the UK.