Underemployment at will, by law and public policy, you don't need a "reason" to terminate someone's employment. Why don't employers utilize the employment at will doctrine freely and use this flexibility to terminate those employees who they do not consider worthy of continued employment? It has been suggested that the laws should be changed to include obesity to be added to the list of characteristics considered to be discriminatory in employment law. The courts have upheld employers discriminating against smokers because of the increased health costs incurred by smokers. Could employers make the same argument discriminating against those individuals who are obese since they are subject to increased health risks associated with their condition? There are some people who may or may not perceive certain things as sexual harassment, but that doesn't mean that it does not exist. Where is the good balance between joking and going too far? Confidentiality is extremely important in these cases and employers attempt to maintain confidentiality to the best of their ability. However, is this possible in our age of instant communication and the internal "grapevine" that exists in every organization?