Personal appearance and weight.
Society often views weight and personal appearance as attributes a person can control. As such, anti-discrimination laws such as the Civil Rights Act of 1964, do not prevent an employer from discriminating against an employee or applicant based on appearance or weight, although a few state and local laws do in fact provide such protection.
Federal Law
No federal civil rights laws prevent an employer from discriminating against a person based on weight or appearance. The American with Disabilities Act, however, provides protection against "morbid obesity" discrimination if it is the result of a physiological condition, such as depression or Cushing Syndrome, and limits one or more major life activity. The ADA defines morbid obesity as body weight over 100 percent of a person's normal body weight.The Equal Employment Opportunity Commission investigates alleged violations of the ADA.
Michigan
Michigan is the only state where an employer cannot discriminate against an employee or applicant based on weight. According to the Elliot-Larsen Civil Rights Act website, an employer shall not "fail or refuse to hire or recruit, discharge, or otherwise discriminate against an individual with respect to employment, compensation, or a term, condition, or privilege of employment" because of weight. The Michigan Department of Civil Rights investigates alleged violations of workplace discrimination based on weight.
California
Even though California does not have a state law that prohibits an employer from discriminating against a worker or applicant based on weight, Santa Cruz's municipal code prohibits discriminating against employees in hiring or advertising (job announcements or postings), or treating employees differently because of their weight. This includes refusing to refer a person for a job. Before resolving weight discrimination complaints, Santa Cruz first requires that the aggrieved employee or applicant file a complaint through the employer's internal grievance procedure.
According to an article on Municode website, San Francisco's police code prohibits employers from discriminating against an employee or applicant in hiring and advertising if the employer has more than five employees. The Human Rights Commission investigates all alleged violations of San Francisco's police code.
Washington D.C.
Washington, D.C., is the only local municipality that prohibits an employer from discriminating against employees or applicants based on appearance. The District of Columbia Human Rights Act defines appearance as bodily conditions and characteristics that may include weight. The Office of Human Rights in Washington, D.C., investigates and resolves all weight and personal appearance employment discrimination complaints, according to its website.
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