Q: Does call fat person a cow at anger moment consider be a crime ? or i can be sued for it ?

3 Lawyer Answers
Gary Kollin
Gary Kollin
Answered
  • Criminal Law Lawyer
  • Fort Lauderdale, FL

A: It is called the First Amendment

V. Jonas Urba
V. Jonas Urba
PREMIUM
Answered
  • Tarrytown, NY
  • Licensed in New York

A: If the person is grossly obese, generally about 100 or more pounds above their optimal or recommended BMI, and a medical professional opines that their obesity is associated with a disease or illness, you could be guilty of discrimination in violation of the Americans with Disabilities Act as Amended or gender discrimination, because of sex, since you referred to the person as "feminine" regardless of whether they actually are. This would apply were you and this person working for the same employer or even if one of you was an independent contractor. Criminally, without intentional, provable, acts or threats, no assault or battery. Otherwise, your "at will" employment could be in jeopardy if you posted that opinion on social media, etc... Although the First Amendment is alive and well, in the employment setting, assuming your "employment at will" status (most employees are), common law doctrines are very much alive in New York State. A few are called your Duty of Loyalty to your employer (your employer should not discriminate against the grossly obese and neither should you), your Master Servant relationship meaning that your employer determines your code of conduct, often even when you are not at work, and your duty not to be a Faithless Servant (especially if instructed not to insult others, don't). Never put negative comments in writing. That includes on-line postings. Your next potential supervisor may have been obese - "potential" because an obese person is not likely to hire you once you advertise your opinion(s).

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: If you are sued, file a moo-tion to dismiss.

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