Are Looks Covered Under the EEOC?

Question

You have a job that demands you work with the general public.  Can your employer dismiss you if you "let yourself go"?

Example:  A food server at a restaurant gains 50 lbs. but can physically do his/her job.

I know most employment is At Will but what if your employer tells you "if you want to keep your job then you need to lose that weight you gained."

justa · Answer

There have been some court cases regarding weight, and smoking while not at work.
In other words how much can an employer control you when you're not at work.
Unless the job is somewhere like a strip club or a Hooter's if you perform the job you should be protected.  
It's being said that Trump wanted women fired if they were older, or just not 'pretty enough'.  He's the real pig here.

StephenWeinstein · Answer

Extreme obesity is a disability and is covered, but being 50 points overweight wouldn't qualify.

If the employer does what you describe only to female employees, and not to male employees, that would be gender discrimination, which is covered.

WRG · Answer

Getting fat by itself is not a protected class under EEOC.  It might be under ADA if it is a medical condition.

Anonymous · Answer

If the job is classified as entertainment, then you can, such as hooters, or disneyland.

Anonymous · Answer

no

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Are Looks Covered Under the EEOC?

5 Answers