Colleen is employed by Total World Fitness Club as a gym instructor at one of its New York locations.Recently,due to stress in her life,she has been binging on chocolate in the evenings when she gets home and has gained 14 pounds.Her employer has counseled her about the problem and advised her that she must lose the weight in order to perform her job.Colleen fails to lose the weight and is fired.Which of the following statements is most likely to be true in this case?

Question

Quizplus · Accepted Answer

Colleen has a claim under New York's lifestyle discrimination statute. Employers may regulate the off-work or otherwise private activities of their employees where they believe that the off-work conduct affects the employee's performance at the workplace. However, many states, like New York, prohibit employment decisions or actions based on four categories of off-duty activity: legal recreational activities, consumption of legal products, political activities, and membership in a union.

Colleen Is Employed by Total World Fitness Club as a Gym