Legal Question in Employment Law in Illinois

on 9/21/10 an evacuation form went out in our office. I was on the list for assistance. But they put down reason was my weight. I told my boss and personnel that I was offended by this. There are several reasons why someone would need assistance, just because I am over weight does not mean that is the reason. They apologized and revised the form. But the initial form was sent out to the entire chicago office. I was embarrased. I feel my rights had been violated. 2 years ago there was another incident where i was told i could not eat in the conference room i had to go to the lunchroom. The chairs were too small so I told my boss if you want me to eat in there I would need new chairs. I got the new chairs, but it went around the office that i was too large to sit in the old chairs. I ask my boss how does everyone no and he said one of the other managers in another department told his daugther who worked there. Once again I was embarrased. I contacted the ACLU and they say i don't have a case. Since they did get me new chairs for the lunch room and they did revise the evacuation form. But something needs to be done about the discrimination I went thru. Please advise


Asked on 9/23/10, 5:10 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Not every form of discrimination is illegal--the discrimination must be based on a protected class. For example, you could have a water fountain labeled "no attorneys." This is obviously discrimination, but since attorneys are not a protected class, it is not illegal. Certainly, if the water fountain was labeled "People of European descent only," this would be unlawful discrimination. Merely being overweight is not a protected class. So, unless your weight is considered a disability, which you seem to strenuously claim it is not, the ACLU may be absolutely correct.

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Answered on 9/29/10, 7:21 am


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