I am an obese man who works as a Legal Administrative Assistant for a large law firm. I work for 3 bankruptcy attorneys. As part of my duties, I have access to the inbox of one of my attorneys for emergencies (such as when she is out of the office, etc.).

Last Friday, I went into her inbox to check for a FedEx confirmation e-mail and my "preview" screen was filled with a distorted image of my security ID photo. I elected to read further in order to see what the context was and found that my photo was a punchline to some sort of joke. Because I was busy, I elected to exit her inbox and return to it later. When I went back later, the e-mail had already been moved to one of her personal inboxes or perhaps deleted. As a result, I am not sure of the full context of the e-mail exchange but I cannot imagine any other reason for my photo to be within her e-mail.

Some friends and family agree that this is inappropriate in that it creates a hostile work environment for me. My question to you is if you would be able to point me in the proper direction for some information on overweight harassment in the workplace? I want to try to ascertain where to go with this. I am employed in Delaware if that would help.

In a nutshell, does anyone here believe that this is inappropriate?

Inappropriate, yes.

Illegal, no.

Obesity is not a protected characteristic in any state except Michigan (the District of Columbia protects "personal appearance").

You have every reason to complain internally but since this does not meet the definition of illegal harassment, you have no legal recourse.

Hi there...
Thanks for the quick reply.

Looking at it from both angles.

1. I thought that "morbid obesity" for which I am under physician's care was covered?

2. If not, what type of recourse should I be looking for? At the very least, I would rather not work for her anymore. Plus, although it might not be relevant, I'd like to have my "say" to her and the folks she exchanged with (who also work here).

Your thoughts?

On an extremely case specific basis, morbid obesity can be considered a covered disability under the ADA but that is not the same thing as a Title VII protection. Even the EEOC says that cases that are protected under the ADA will be few and far between since few cases will meet the standard of interfering with a major life function, which is the standard for ALL conditions. The ONLY condition that has guaranteed protection under the ADA is HIV/AIDS - ALL other conditions without exception have to be looked at individually.

You simply do not have any legal recourse. Even if you were able to prove that you are entitled to protection under the ADA, a single instance is not sufficient for a claim of illegal harassment.

Your options are limited to whatever your company is willing to provide you. You do not have the legal right to insist on not working with her any more.

Thanks so much for clarification. I was never in a "sue" the firm stance. Just wanted to know what recourse I had, if any.

thanks

I do fully understand that there is no "legal" issue here. However, I am still considering a complaint on a personal level.

Is there any reason to be concerned that I saw this on her inbox? Please remember that she gave me permission (thru Outlook Delegates) to access this box. In other words, am I going to get into trouble for looking there when I actually have permission to do so?

Bob,

Unfortunately, obesity is not generally a protected status, like cbg said.

Honestly, I would be more concerned about how an electronic copy of my security ID was getting passed around. If you are dead set on talking to someone, I would bring it up to the attorney whose e-mail you have access, but I would approach it from a stance of "How did they get an electronic copy of my security badge?"

Also, ask if that record is so easily accissible, how can you be sure that other private information isn't so easily accessed?

I would make the obesity issue very secondary to the privacy issue. You may want to go a step further and tell them that you are just looking out for the good and the reputation of the firm, and say that you have done enough research (or you've been a legal asst. long enough) to know that obesity is not a protected characteristic, so you know that you just really have to suck it up on move on; however, if someone does begin to create a hostile work environment on a characteristic that IS protected, the firm's credibility will be significantly damaged because they have tolerated other forms of harassment.

Chances are the attorney that received, if she is half of a professional, was just as mortified by it as you were.

Hi there...
Our photo IDs are also used in our Intranet Office Directory so obtaining it definitely wouldn't have been the issue. The only issue is the context.

I agree that sucking it up is probably the way to go. However, I cannot help but wonder how my photo came to mind so quickly as to have been used here. In other words, what are they saying about me otherwise?

Is there nothing to be said for viewing the e-mail in the first place? I went from being in a trusting environment to one where I have to watch my back in one 30 second increment.

Your thoughts?

Bob, my husband is also a paralegal. At his last job, he was checking the attorney's e-mail -- at her request -- and found an e-mail from HR acknowledging her request to start looking for his replacement (which was news to him). He had found, after starting working, that he was something like her 9th paralegal in 3 years, but it was still very upsetting to him.

Unfortunately, some people -- like the attorney you posted about -- are just plain clueless. There's not much you can do about that. I think that the "sucking up" approach is all that you can do.

What makes this different than her coming directly up to me and calling me "fat" to my face? Is that also "OK" from a legal point of view?

Yes. We have free speech in this country. If she came up to you and called you fat to your face, that would be rude but it would not violate any laws.

Maybe not okay, but that term has no legal application. Calling someone fat is rude, but (as aptly pointed out by cbg) is not prohibited. I've heard people say to others that [they] are ugly and their mama dresses [them] funny. That's cruel, but it's not illegal. And, in one case, was entirely true. Mind you, these are conditions that people can do little, if anything, about.

Illegal discrimination is for the protection of people who are unable to change the circumstances giving rise to their differences, Michael Jackson notwithstanding.

Morbidly obese people may not be in control of their obesity, but they also don't have as strong a lobby as many other protected groups.

If you're going to be sensitive to your girth, you'll spend considerable time being hurt.

I actually meant okay by legal guidelines as opposed to socially acceptable, but your point is taken. :)