Legal Question in Employment Law in California

My Fiancee's boss told her that she should be eating healthier and going to the gym because they represent an organic food store. He also wants my fiancee (the manager of the store) to tell the other girls working there the same message. Is this considered harassement and what type of documentation does she need to sue.

Asked on 5/24/13, 4:30 pm

2 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

I do not view this as sufficient harassment to merit a claim. First, actionable harassment has to be based on a protected class, such as gender or religion. If only the women are asked to do this, then it could be evidence of harassment in the long run. The harassment must also be severe and pervasive-- I don't see this as qualifying, standing alone.

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Answered on 5/24/13, 11:39 pm

Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

This is not harassment. The court will look at this in a particular way because it is a organic food store. This is nothing more than a healthy store owner wanting his employees to get healthy so they can represent the merchandise better and become more educated on the benefits of health so they can better serve their customers.

This is just my opinion. However, this is just my opinion. It is also my opinion that many judges will look at this as making a "mountain out of a mole hill". There are a lot of employees out there legitimately being horribly harassed and this is not one of those situations, in my opinion.

Now, if your fiancee has a health condition, she might pass this on to the employer and tell him the reason she eats the way she does and can't exercise. Lots of variables here.

If you disagree, I recommend a local attorney or any of the fine attorneys on LawGuru.

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Answered on 5/25/13, 7:36 am

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