Owner of Company always asks my weight in front of other employees

[kconleyk]

What is the name of your state? Maryland

Long Story Short, I hold the Director of xx role for a company of 90 employees. I've been here almost 11 years, and I am a single father and have sole custody of my daughter so being the sole provider I've taken a lot more crap then I normally would.

Every year at the Christmas Party and Summer party for employees, the owner gets drunk and likes to wait till I am talking to coworkers and come up and ask how much I weigh in front of everyone. After the first few parties I told him it was enough, but it just kept up and now it's a giant joke when he does it because the employees who have been here as long as me know it's coming. He is always drunk and always slurring his words when it happens.

On top of everything we are an HR outsourcing firm, so we outsource and take the place of other companies HR department. It makes me feel shitty and like I can't approach the owner or the president, who is always right by his side when I have an issue at work.

So far I have just grin and beared it because like I said the income is more important to me, and the fact I have a relaxed schedule that allows me to be there for my daughter.

I don't know how to make it stop as I have already asked for that, or if I have legal action if it keeps up.

 

[HRZ]

WIth some few exceptions like CA, weight is not a protected characteristic ...so if a drunk boss chooses to make fun of your weight or the color of your socks you best sort out how to roll with the punch ....you have other priorities than a no win contest!

AS a total aside , in your own best self interest as to health and life expectancy you might be smart to slim down ?

 

[xylene]

It is July. The last day of but still you are worried about a Christmas party.

Losing weight might help your career too.

You should consider to talk with a therapist, because this is a pseudoanonymous internet forum and you hurt about your body... which we can't even see and you only initially implied it was even fat.

It's not impossible. And no one here is making fun of you. "Increase your capabilty for coping" is legal advice.

 

[cbg]

I'm not sure where HRZ gets the idea that weight is a protected category in CA but it's not. It is in Michigan. The District of Columbia protects personal appearance (which can include but is not limited to weight.) I believe there are a few isolated municipalities here and there (some of which may be in CA) that do. But on a state-wide scale, that's it.

I am by no means as sure as the above poster that complaining to the state about something that is NOT protected by state law will provide job protection. I think you are far better off accepting the fact that you work for a jerk and either suck it up or move on. It is certainly unprofessional of him but unprofessionalism does not give you legal recourse.

 

[HRZ]

A boss who is making "fat" comments in CA may be looking for trouble under evolving CA case law . A supervisor’s alleged “fat remarks” might be sufficient evidence of disability discrimination : On December 21, 2017,Cornell v Berkley Tennis Club, a California Appellate Court published an extensive decision regarding obesity as a disability under California law and issued further guidance on both counts. HOWEVER the OP is MD

I think it makes more sense for OP to accept the fact that his boss when drunk is a jerk ...or vote with his feet and seek work elsewhere .

( and keep good records in a safe place of time, place, witnesses et al of " fat" comments just in case )

 

[cbg]

It is not, listed as a protected characteristic under CA state law. Your point about case law, however, is valid.

 

[Taxing Matters]

A boss who is making "fat" comments in CA may be looking for trouble under evolving CA case law . A supervisor’s alleged “fat remarks” might be sufficient evidence of disability discrimination : On December 21, 2017,Cornell v Berkley Tennis Club, a California Appellate Court published an extensive decision regarding obesity as a disability under California law and issued further guidance on both counts. HOWEVER the OP is MD

Correct, OP is in Maryland and California is far more to the left than most states (both geograhically and politically ). That said, even under federal law it is possible that an employee's obesity may amount to a disability. But for it to be a disability it must amount to an "impairment that substantially limits one or more major life activities." Most people can carry quite a few extra pounds and still not be substantially limited in one or more major life activities. This means more than just merely being overweight isn't going to get you protected from weight jokes or comments.

 

[not2cleverRed]

I believe OP is hoping to get validation that the weight comments make a hostile work environment. I concur that the description of the situation does not indicate something of that level.

OP has some choices:
1) OP can continue to be uncomfortable,
2) OP can respond with the weight on his license,
2) OP can make a joke of it.

When my child was younger, she'd ask my age. Among her school peers, I was one of the older parents, since most had been born to teen mothers. So I would add a few years to my age. "I am 647... " Since your boss acts like a kindergartener when he's drunk, why not have fun with it. Hey, you can change your weight, he's still stupid when drunk. Maybe you should hand him an AA card the next time he's drunk and stupid, put on a concerned face, and say, "I think you're letting this job get to you."

I do not know if you have a weight problem, but perhaps you should discuss this with your doctor.

 

[Mass_Shyster]

Stop going to parties where you know the boss will get drunk.