Does/could the fact that he (presumably) hired the woman himself, and employed her for 10 years, affect the ruling on whether or not it was sexual discrimination?
Why does it have to be any specific gender? Or what if you’re racist? You could pretend to have an uncontrollable desire for all black people!
Is there really nothing else employers could lie about if they wanted to be bigots?
Pretext is a problem with all anti-discrimination laws. Anyway, the IASC didn’t say it was okay to fire somebody because they were hot in all cases. They said it was okay under these facts: i.e. where your marriage is threatened. We’ll see how broadly lower courts apply the ruling.
I thought the dentist’s argument was that he wasn’t attracted to her - it’s his wife who had a problem with her. He didn’t fire her because she was too attractive, he fired her because his wife is irrationally jealous.