Can I sue my boss regarding derogatory comments about my weight?

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Can I sue my boss regarding derogatory comments about my weight?

I work at a family owned Chinese restaurant and my 2 bosses are husband

and wife. There have been a couple times where they’ve made comments about

my body and how chubby I am, telling me to lose weight so that I don’t feel as

hot and even pointing out how much chubbier I’ve gotten since the last time

they’ve seen me (1 or 2 days prior at most). I was just wondering if I can sue

them for money? I also am underage and they’ve never asked me for a work


Asked on September 28, 2018 under Employment Labor Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, boorish and rude remarks made in the workplace are not actionable unless they constitute some form of legally actionable discrimination (i.e. relate to a person's race, religion, age (over 40), nationality, gender or disability). The fact is that a business can set the conditions of the workplace much as it sees fit (absent a breach of the terms of an applicable union agreement or employment contract). At this point, you know that you are better than they are, so why not start looking for another job where you will be appreciated?

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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