Q: Does call fat person a cow at anger moment consider be a crime ? or i can be sued for it ?
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).
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.