Legal Question in Administrative Law in New York

weight, hair, clothes harassement at work

I' m the Assist to the President & the wife of the President is a VPat the company. For 13 yrs she has been harassing me & others in front of me about our weight, hair-too long, & clothes at work. We're all very intimated & scared to stand up to her. Recently the whole company went through harassment training at work & we all realized what she does is illegal. Yesterday during a converstion between her & myself she commented about wearing jeans at work she patted her outside thighs & butt & said I was too large in these areas and did not look good in jeans therefore in her opinoin I should not wear them to work. I told her immediately this is not a conversation appropraite for the workplace and turned away. She then tried to save herself by saying as the Asst to the President is was also not appropriate, but she could wear them. I went to the COO and told him what happened within 20 minutes. He told me if I was his wife he would tell me to file a complaint. He also said she will make my life miserable at work if I file. What are my options, and what are the financial settlements (I make $55K/yr). I want to keep my job after filing, but am not sure if this is an option. She has harassed the COO about his weight as well.


Asked on 5/30/09, 11:49 am

2 Answers from Attorneys
Sarah Grosse Sarah Grosse, Esquire

Re: weight, hair, clothes harassement at work

I am very sorry to hear that the President's wife (VP) has been so cruel to you. It's not fair, not right, and may be against the company's policy on workplace harassment. However, I disagree with the other attorney's opinion that this may be a form of gender discrimination. You said that she has also harassed the COO about his weight, and he is a man (I am making the assumption that you are a woman). If the subject of the harassment is weight related against both men and women, I don't think it can be classified as gender discrimination by definition. Additionally, being overweight is not one of the classes protected against discrimination (protected classes are race, gender, age, etc.).

What I suggest, especially in light of your recent company-sponsored anti-harassment training and policy, is that you file a complaint within the company (ask the director of HR or office manager how to do this). Of course, there is the risk that you may lose your job, and I don't know for sure if you would have legal recourse for wrongful termination. To make that determination as to what you should do and what may be the repercussions/recourse, I strongly suggest that you at least get an initial consultation with a NY lawyer who specialized in these types of cases.

On a personal note, I would respond to such comments by saying in a very serious and even tone, "that is not a nice thing to say." Believe it or not, that has actually worked for me. People (even snotty VPs) desire to be liked. By making them feel unlikable for a particular reason (rather than just in general), it is possible for them to feel badly - even if it is on a subconscious level - and stop doing it.

Please see a NY attorney for help!

Best regards,

Sarah

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Answered on 6/08/09, 9:28 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: weight, hair, clothes harassement at work

This is a form of gender discrimination; although you have not suffered an adverse effect in your employment status, if the company does nothing to correct the situation, you could file a complaint with the Division of Human Rights or EEOC.

If you wish to discuss, contact me for an appointment.

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Answered on 5/30/09, 11:58 am


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