IfI heard a store employee call me chubby what canI do about it?

I was in a store and asked if I could get an additional percent off an item. The employee called a manger and replied over the phone that I was “pretty but chubby”, then laughed and hung up and told me no.

Asked on November 29, 2011 under Personal Injury, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can complain to store management, or to the central corporate office if there is one, and see if they will take action against the employee or offer you compensation; but if they choose to not take action, there is probably nothing you can do. While the law may prohibit discrimination on the basis of disability in employment or housing--so it may prohibit discrimination on the basis of obesity, to the extent obesity is considered a disability--there is no protection against simply being called "pretty but chubby" by a store employee when you are a customer. And since this is an opinion, there is no cause of action for defamation possible, either.

You can, of course, vote with your wallet and not shop there anyone; and ask your friends to not shop there, either.

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