How to sue for discrimination, assault and harassment?

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How to sue for discrimination, assault and harassment?

We were at Subway, getting sandwiches. The manager started treating my wife, who is “overweight,” with extreme rudeness and disrespect. After getting our food and sitting down, the manager’s friends came in and they started laughing and looking over at us. An argument ensued and the manager physically shoved my wife and told her to, “Get out, you fat bitch”. We left in a hurry, followed by their taunts and curses. Do we have a case against them for discrimination-based-on-weight, assault and harassment?

Asked on December 19, 2011 under Personal Injury, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) There is no law making it illegal for private citizens or, for that matter, a fast-food place, to discriminate on the basis of weight; weight is not a protected category for  that purpose.

2) There is no cause of action against people for taunting or cursing you.

3) They did technically commit assault, with an unwanted push. However, what you could sue them for is proportionate to the injury your wife suffered. If she was not hurt, did not incur medical costs, etc., there's nothing to sue for.

4) Similarly, a single incident of rude behavior is not the type of harassment which provides grounds for a lawsuit; and even if it were, there again are no damages to sue for.

The behavior you describe was reprehensible; but the law does not provide compensation for all reprehensible conduct, unfortunately.


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