Legal Question in Discrimination Law in California

gossip by managers about vegetarian

My wife is a vegetarian. She works for a chain of jewelers. One of her colleges went to a partner store and entered into a conversation about my wife and her lifestyle choices. One of the workers from that store then called the location that my wife works at, and made defamatory comments, questioning my wife�s ability to function as an employee, based on the fact that she is a vegetarian. My wife�s direct manager reported that a manager at a third location has also commented about my wife, and her choice not to eat meat. My wife is pretty quiet, and is now nervous every time an employee from another store phones her location, she feels like everyone is talking about her. She likes the people she works with, but worries that they are also talking about her, which affects her (already low) self esteem. Could someone please give me the legal standpoint, my wife does not want to leave her work, but she does want to be armed with the facts if she is forced to approach her managers formally. Many thanks


Asked on 2/08/08, 9:33 pm

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: gossip by managers about vegetarian

I agree with Mr. Nelson. Your wife has to accept the situation, or move on.

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Answered on 2/12/08, 3:23 pm
Terry A. Nelson Nelson & Lawless

Re: gossip by managers about vegetarian

Her "lifestyle choice" of vegan is NOT covered by discrimination laws, which are designed to protect people with immutable characteristics [the color of their skin, their ancestry, their gender, etc]. There are no laws demanding 'fairness and niceness' to employees, nor forcing 'respect' for positions that others find silly or foolish. Life is not fair. She is an at will employee that can be fired any time for any reason, and she can quit any time she doesn't like the atmosphere at work. Sure, she can complain, and most companies try to promote 'niceness' and courtesy. This company may try to educate and counsel the people involved, if so, great. If not, no law is broken.

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Answered on 2/09/08, 2:02 pm


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