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Weight Discrimination at Work: What the Law Covers

Federal law has no general weight discrimination ban, but obesity linked to a disability, regarded-as claims, and some state or city laws can protect workers.

Updated 8 min read

At a glance

Weight Discrimination at Work: What the Law Covers: key questions

A visual route through this article's first three topics. Read the sections below for details and exceptions.

  • Is Weight Discrimination Illegal at Work?

    No federal law lists body weight as a protected category on its own.

  • When Obesity Can Be a Disability Under the ADA

    The EEOC's position is that the ADA covers impairments that substantially limit a major life activity, and severe obesity or obesity connected to an underlying physiological condit

  • Regarded-As Claims

    The ADA also protects a person who is treated adversely because of an actual or perceived impairment, even when the impairment is not limiting.

Is Weight Discrimination Illegal at Work?

No federal law lists body weight as a protected category on its own. That means being turned down, disciplined, or fired because of weight is not automatically unlawful under federal law. Several other protections can still apply, including the Americans with Disabilities Act, sex and race discrimination rules when weight standards are applied unevenly, and state or local laws that name weight or height directly.

When Obesity Can Be a Disability Under the ADA

The EEOC's position is that the ADA covers impairments that substantially limit a major life activity, and severe obesity or obesity connected to an underlying physiological condition can qualify. Courts have not all agreed, and some have required a physiological cause. Conditions that often come with weight, such as diabetes, sleep apnea, or joint conditions, can be disabilities in their own right.

Regarded-As Claims

The ADA also protects a person who is treated adversely because of an actual or perceived impairment, even when the impairment is not limiting. A manager who rejects a candidate because the person looks unhealthy, or assumes a worker cannot do the job because of size, may be creating a regarded-as claim. Written comments about health, stamina, or appearance are especially useful evidence.

State and Local Weight Laws

A small number of jurisdictions expressly ban weight discrimination. Michigan's civil rights law covers weight, and New York City's human rights law covers height and weight. Many states do not, so the answer depends on where the job is located. Check the state or city civil rights agency's list of protected categories before assuming no protection exists.

Weight Limits in Job Requirements

Employers sometimes set weight or size standards for uniforms, safety equipment, or physical jobs. A standard that excludes people of one sex more than another, or that is not job related and consistent with business necessity, can raise a Title VII disparate impact issue. Ask for the written standard and the reason it exists.

Reasonable Accommodation

A worker with a covered disability may request changes such as a larger chair, a different workstation, modified duties, or schedule changes for treatment. The employer generally must consider the request and discuss options unless it would cause undue hardship. Make the request in writing and keep a copy.

Medical Questions and Weight Checks

The ADA limits disability-related questions and medical exams for applicants and employees. Weigh-ins, health screenings, and wellness program questions should be voluntary or job related and consistent with business necessity. Save the policy, the form, and any statement about what happens if you decline.

Evidence to Keep

Write down dates, names, and exact words used about weight or appearance. Keep job postings, performance reviews, and emails showing your work was acceptable before the comments began. Note how similar coworkers were treated, since uneven treatment can matter.

Deadlines and Next Steps

An EEOC charge generally must be filed within 180 days of the discriminatory act, or 300 days in many states with their own agency. State or city agencies may use different deadlines. A lawyer can review whether an ADA, sex, race, or state-law theory fits the facts before the deadline passes.

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