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Can i sue my boss for calling me names and making fun of my weight?

West Palm Beach, FL |

every day i go to work and my boss always has something to say to me whether he calls me a fat ass or ugly or comparing me to over weight customers he tells me im stupid and a F***ing idiot it hurts and ive told him to stop but he continues and thinks its funny but hes the only one laughing. i cant just up and quit my job i have bills to pay and a child to take care of. i've been taunted about my weight my whole life and i will not take it from someone ever again. what can i do? for example we had a heavy set customer sitting at a table and as soon as he left my boss asked if i like being the mirrored image of him even though im a less than half his size. i cant even talk about food and barely eat lunch or eat a small salad because im afraid he will say something.

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Attorney answers 2

Posted

Unfortunately, the answer to your question is most probably no. State and federal statutes protect you against discrimination based upon gender, religion, age, national origin, disability, pregnancy and a few other categories. Recently, Congress has been considering sexual orientation. There has been some discussion about whether obesity is a disability or should be a protected classification under the Civil Rights Act precluding discrimination. However, at this juncture, weight is not such a protected classification under federal or Florida law. Other states may be more progressive. I sympathyze with your situation and readiliy acknowledge my own weight problems. However, unfortunately, while cruel the potential for a viable discrimination or disability cause of action is quite quesitonable.

Posted

This goes to more than just your weight. By your own admission he is calling you stupid. This very well could be discrimination based on sex. It is definitely a hostile working environment. I bet he doesn't talk to male employees like that and is just using your weight as an excuse for being a chauvinist pig. He obviously doesn't respect women and has low self-esteem.

Contact the EEOC office in your area and get their advice. Also consult n employment attorney. If you can't find someone to give you a free consult, call the Palm Beach County Bar Association for a referral or legal aid, or contact the law schools in your area. Most have legal clinics.

Just because your sensitive about your weight (and I can relate to that) don't look at this as being about your weight. That's just an excuse he is using to abuse you.

This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.

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