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  1. #1
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Manager Commenting About Employee's Physical Appearance During Job Evaluations

    In this context, I was asking if the comments are inappropriate and/or in violation of law.
    Once more, they are not.

    Eerelations has already explained to you that there are no laws prohibiting employers from remarking upon employees' personal appearance. She's an HR professional.

    The answer to your question, no matter how many times you ask it, is No.

  2. #2

    Default Re: Manager Commenting About Employee's Physical Appearance During Job Evaluations

    LawResearcherMissy,

    I'm sorry, but no - Eerelations did not explain that at all

    Quote Quoting eerelations
    View Post
    I'm not a doctor, nowhere near, and I can identify people who look too thin at 50 yards - even without my glasses on! And there are no laws out there that would prevent me from telling these people that they look too thin to me.
    I asked a question about comments made during a performance review. You gave an answer about tabloids and Snooki, and Eerelations gave an answer about observing people from 50 yards away.

    I thank you for your clarifications now.

  3. #3
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Manager Commenting About Employee's Physical Appearance During Job Evaluations

    Quote Quoting Novice
    View Post
    ...I'm sorry, but no - Eerelations did not explain that at all...
    Guess you didn't read my last post. Read it now, and then please go away. (And BTW it's eerelations not Eerelations.)

  4. #4

    Default Re: Manager Commenting About Employee's Physical Appearance During Job Evaluations

    Quote Quoting eerelations
    View Post
    Guess you didn't read my last post. Read it now, and then please go away. (And BTW it's eerelations not Eerelations.)
    No, eerelations, your last post and mine must have crossed in the writing, because it was not there when I began my last message. Your last post was very helpful, thank you.

  5. #5
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Manager Commenting About Employee's Physical Appearance During Job Evaluations

    It's rude, but not illegal.

    Illegal would be commenting on someones breasts (nice, what are you, a C cup?), the bulge in their pants (my my, what a big...unit you have), how good their butt looks.....

    These would be legal also: "your top is too low cut and revealing", "your skirt is too short, please start wearing something that comes to your knees or lower"; "your pants are too tight, please find more appropriate clothing for work....".

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Manager Commenting About Employee's Physical Appearance During Job Evaluations

    For the record, I cannot think of anything that would be illegal if said during a performance review that would not be illegal elsewhere in the workplace. Either it is or it isn't.

  7. #7
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Manager Commenting About Employee's Physical Appearance During Job Evaluations

    Quote Quoting PandorasBox
    View Post
    It's rude, but not illegal.
    I don't know about rude - my take on the OP's supervisor's comments was that she (the supervisor) was expressing concern about the OP's apparent emotional and physical decline. (Certainly if one of my direct reports started looking unhappy and too thin, I might be inclined to take her aside and mention what I was seeing, just to see if I could help in any way, or direct her to some help.) And I was rude to the OP mainly because I was appalled at her wanting to sue her boss for being concerned.

  8. #8

    Default Re: Manager Commenting About Employee's Physical Appearance During Job Evaluations

    One cannot prove the intent of the manager in making the comments, but they did not come across in a manner that would infer concern.

    But just for fun discussion, since this thread seems to be living on - what if the comment made was that the employee was too heavy? "Your work is great, but you're too fat."

    I suspect that the answer remains the same - rude, but not illegal, but the group consensus here seems to jump to the side of the manager, and assume that the manager is expressing concern for the employee.

  9. #9
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Manager Commenting About Employee's Physical Appearance During Job Evaluations

    Quote Quoting PandorasBox
    View Post
    It's rude, but not illegal.

    Illegal would be commenting on someones breasts (nice, what are you, a C cup?), the bulge in their pants (my my, what a big...unit you have), how good their butt looks.....

    These would be legal also: "your top is too low cut and revealing", "your skirt is too short, please start wearing something that comes to your knees or lower"; "your pants are too tight, please find more appropriate clothing for work....".
    Pandy is a prevert!!! Pandy is a prevert!!!

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