What to do if I reported my boss for calling my fellow co-worker fat but HR still defends her and says I disrespected my boss?

UPDATED: Sep 30, 2022

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What to do if I reported my boss for calling my fellow co-worker fat but HR still defends her and says I disrespected my boss?

I confided in my boss about the favoritism being shown to a certain employee and she twisted my story into something else to satisfy her point of view. So I got interviewed today by HR basically telling me I disrespected my boss and to tell me they are a small town here. I need to work on my self first and no more saying anything. So I told her that my boss called a co-worker fat and the HR director told me,

Asked on March 28, 2016 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There is no EEOC issue--someone being overweight or obese is not a protected category, so there is no legal reason why your boss can't call your co-worker fat. Yes, it is unprofessional, and yes, it is likely unfair, too, but it is not illegal; your boss may do this. 
Therefore, since what your boss did is legal, you have no protected right to confront or critize your boss nd can be disciplined, etc. for disrespecting (or being insurbordinate to) your boss.

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