Can I sue my boss for making comments about fat/over weight people at work?

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Can I sue my boss for making comments about fat/over weight people at work?

I’m a medical assistant and a doctor. I work for always makes fun of overweight people. He told the office manager not to hire any more “fatties� and also states that he likes a certain employee because he’s small and doesn’t take up much office space. It effects me because I am medically considered overweight and it gives me anxiety and stress working with this doctor because he works me harder than any other MA and I truely believe it has something to do with weight.

Asked on August 18, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

IF your weight is due to a medical condition considered a "disability" (a diagnosed and defined condition which has a significant persistent effect on major life activities), then you could bring a disability-discrimination claim: the law prohibits discriminating against or harassing employees due to disabilities. However, if you do not have what would be considered a disability, you could not sue your employer: while the law protects people with disabilities, it does not protect being overweight not due to a medical disability.


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