Is it illegaly for my employer to make jokes about the way i look?

My employer is always making remarks about my weight and how much i eat. He commented once that my car is not powerful enough to pull me around because of how much i weigh. He puts it in the form of a joke and then when i get upset, he says he was just kidding. Is there any legal recourse?

Asked on May 16, 2009 under Employment Labor Law, Kentucky


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You boss should not be making you feel that way.  I suggest making notes to yourself with dates and talking to a upper level manager.  If the boss you have is the top dog, then you should write a nice email reminding him that the jokes are not funny to you and that you would appreciate it if he stopped.  If he continues to make the joke, you should leave the company.  There is not a whole lot you can do, short of suing him for intentional/negligent infliction of emotional distress.  Do you have witnesses to these comments?  if so, the value of your case goes up.  Be nice first as you wil not see money from a lawsuit for at least 1 year absent a settlement and you may have a hard time finding a new job that pays the same.  Try to work this out b4 taking it to the next level. 

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