What constitutes harassment/discrimination in the workplace?
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What constitutes harassment/discrimination in the workplace?
My husband’s boss is making weight comments to him. What, if anything, can we do?
Asked on September 13, 2010 under Employment Labor Law, Tennessee
Answers:
M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The general rule is that weight -- unlike race, nationality, religion, gender, etc. -- is not a protected class that would give rise to a discrimination lawsuit. That being said, your husband's company may have internal policies that prohibit that kind of behavior. I suggest that your husband look at the relevant policies/procedures to determine whether these comments constitute a violation. If they do, he should get proof of the comments (such as tape recordings, letters, etc.) and then consult with an attorney. If there is no violation of company policy, then I suggest that your husband lose weight. Many states have something called at-will employment, which means that an employer can fire an employee for any reason as long as it does not relate to being a member of a protected class. Therefore, this may become a real issue with respect to your husband's continued employment.
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