Can a employer make fun of someone for being heaving and their chest being big?

UPDATED: Oct 1, 2022

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Can a employer make fun of someone for being heaving and their chest being big?

My employer makes fun of me to my face
for being heavy and my chest being big.
Says things like ‘did you lose weight 10
years ago and laughs and says take your
bra off if Its bothering you or maybe
not cause your boobs will fall to your
waist and laughs.

Asked on July 19, 2018 under Employment Labor Law, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no protection against harassment due to weight, unless the weight is provably due to a medical condition (in which case this would be illegal disability-related harassment or discrimiantion). Weight by itself, when not linked to a medical condition, is not a protected category or classification. But if you are heavy due to some medical condition, you could file a complaint with the Equal Employment Opportunity Commission, or EEOC.
Also, sex-based harassment or discrimination, including comments about one's appearance from a sexualized perspective (e.g. about a woman's breasts) are illegal, since that would be sex-based discrimination or harassment. So if there is an element of sex-based harassment here (e.g. a male supervisor commenting on a women's breasts), you could file a complaint with the EEOC about that.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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