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Woman asking about client's sexual preference denied unemployment

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DES MOINES - A woman who was fired after asking if someone was gay has been denied unemployment benefits.

Pamela Desimone had been working for BioTech X-ray Inc., traveling to provide X-ray services at various sites. The company discharged her after she asked a staff member of one of her employer's clients about his sexual preference.

Administrative Law Judge Carolyn F. Coleman ruled Desimone was discharged for misconduct and that the employer had a right to expect her to act in a professional manner when conducting business on its behalf.

"She knew or should have known that asking an individual if he was gay might be offensive and might affect her employer's business relationship," Coleman wrote. "It is concluded that her conduct constituted a substantial disregard of the standards the employer had the right to expect."

According to its Web site, St. Louis-based BioTech X-Ray Inc. serves parts of eastern Iowa including the Quad-Cities, Cedar Rapids and Iowa City.

Company officials declined to comment.

In other unemployment cases:

  • A judge ruled Carol S. Johnson was not entitled for unemployment benefits after being discharged for attempting to give medication to the wrong child. Johnson had been employed as a licensed practical nurse at FHC of Storm Lake Iowa Inc. Johnson was hired in June and terminated in July after attempting to give medication to the wrong child on four separate days, the ruling said.
  • A judge ruled that Dawn K. Williams is entitled to benefits, a reversal of a previous decision. Williams had been working for temporary employment agency Kelly Services Inc. on assignment at Kraft Foods Inc. in Mason City. Williams was restricted to lifting no more than 20 pounds after undergoing a cornea transplant. A supervisor told Williams her work assignment at Kraft was done after she informed them she could not lift pallets.

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