If your employer has five or more employees, under the California Fair Employment and Housing Act (FEHA), it is unlawful for your employer to harass you based on your age (if your 40 or over). You should contact an employment law attorney. Most of us offer a free consultation.

We start with the idea that bullying and insensitive comments are not unlawful unless they are related to your membership in a protected class of people. Being overweight only places you in a protected class if your weight is associated with a known disabling condition. Otherwise you can be harassed and teased all day and it would not be unlawful unless provably motivated by membership in some other protected class of people.

Your post does not say so, but because you are being called Old Mark, I am going to assume for purpose of moving forward with this answer that you are at least 40 years old. If you are under 40, then I have to give you the same answer. There is no protected against harassment or discrimination about age if the age is below 40.

For those 40 and older, if you face unwelcomed comments or conduct related to your age that are so severe or pervasive such that it fundamentally changes the workplace rendering it hostile to you as a person 40 or older, then you establish age harassment. More would need to be known about your situation to know if a case for age harassment could be made.

It sounds like the employer is taking action to protect you by moving you. That is great. Assuming you are facing age discrimination, after you report it the employer has an affirmative legal duty to protect you from it by taking all reasonable measures to protect you.

If you want to get a deeper analysis and some solid, confidential advice about this, it would be wise for you to I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law work offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

It appears to me that you need to contact an AVVO qualified attorney to discuss this matter. Most will provide an initial consultation without charge. This person is obviously a problem to both you and to his company as it will be the company that will the defendant in any lawsuit that might be brought. It is important that you reported these actions by this person to someone up above, however, since he is your foreman/supervisor that requirement is not quite as critical. Keep in mind that age is a protected class. Weight, by itself is not a protected class unless it can be considered a ADA matter. Contact an attorney asap. I wish you well.

I have moved your question to the discrimination forum.