Can I sue my boss regarding derogatory comments about my weight?
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Can I sue my boss regarding derogatory comments about my weight?
I work at a family owned Chinese restaurant and my 2 bosses are husband
and wife. There have been a couple times where they’ve made comments about
my body and how chubby I am, telling me to lose weight so that I don’t feel as
hot and even pointing out how much chubbier I’ve gotten since the last time
they’ve seen me (1 or 2 days prior at most). I was just wondering if I can sue
them for money? I also am underage and they’ve never asked me for a work
permit.
Asked on September 28, 2018 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unfortunately, boorish and rude remarks made in the workplace are not actionable unless they constitute some form of legally actionable discrimination (i.e. relate to a person's race, religion, age (over 40), nationality, gender or disability). The fact is that a business can set the conditions of the workplace much as it sees fit (absent a breach of the terms of an applicable union agreement or employment contract). At this point, you know that you are better than they are, so why not start looking for another job where you will be appreciated?
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