Can a employer make fun of someone for being heaving and their chest being big?

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Can a employer make fun of someone for being heaving and their chest being big?

My employer makes fun of me to my face
for being heavy and my chest being big.
Says things like ‘did you lose weight 10
years ago and laughs and says take your
bra off if Its bothering you or maybe
not cause your boobs will fall to your
waist and laughs.

Asked on July 19, 2018 under Employment Labor Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no protection against harassment due to weight, unless the weight is provably due to a medical condition (in which case this would be illegal disability-related harassment or discrimiantion). Weight by itself, when not linked to a medical condition, is not a protected category or classification. But if you are heavy due to some medical condition, you could file a complaint with the Equal Employment Opportunity Commission, or EEOC.
Also, sex-based harassment or discrimination, including comments about one's appearance from a sexualized perspective (e.g. about a woman's breasts) are illegal, since that would be sex-based discrimination or harassment. So if there is an element of sex-based harassment here (e.g. a male supervisor commenting on a women's breasts), you could file a complaint with the EEOC about that.


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