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Can the boss make me lose weight and stop smoking? 01-07-03

Can my employer make two of the goals set in my performance appraisal losing weight and stopping smoking? I am a secretary and am about 25# over my ideal weight. However, it has never impacted my performance. My boss is an athlete and fitness freak.

Ann Kiernan replies:

The boss sounds like a control freak, too! Most states have laws that protect smokers from discrimination on the job, although smoking in the workplace can be banned or restricted to limited areas. Several states, including Michigan, ban discrimination based on weight, as well. Even if there is no protective legislation in your state, the boss's "goals" are an invasion of your privacy, and may be illegal on that basis.

At this point it may be best to put a note on your appraisal that you disagree with the goals. If it gets to the point that your boss wants to fire or demote you for not meeting your goals, you should definitely contact a local attorney.

Good luck!

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.
 
 
     
 
 
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