Is it legal to not hire someone becuase of their weight?
By jen14ed
@jen14ed (865)
Philippines
September 12, 2009 9:16pm CST
Is it Legal To not hire someone because of their weight? I was looking for jobs this morning and one requirement for one job was that the employee MUST be physically Fit... Is this acceptable? but I'm physically fit but the other applicant was not?..
6 responses
@Graceekwenx (3160)
• Philippines
13 Sep 09
jen. i am afraid that employers need to hire physically fit people. Do you want to know why? Employers would eventually support their employees for Group Medical Insurances. Medical insurance is very expensive today. and when you are employed, the pre-existing illnesses are covered as well in medical insurances of the company. They wouldnt hire someone who would be a possible threat in the increase of premium rates in medical insurances. And the risk is that it is either that your employer would shoulder all the premium or, the employer would share the premium rates with all the employees. Would you be amenable to pay a higher premium for the sake of your coworkers who were not keenly hired by your HR or would you be amenable to pay a higher premium because your coworkers are not taking care of their health?
It is not in the law to choose physically fit people. Employers are into cost-cutting these days and they have to choose new potentials who would be profitable for the company.
@Graceekwenx (3160)
• Philippines
13 Sep 09
hahahah!!!
But it actually depends. If you are of higher position, the company would willingly take the risk of hiring an employee. But if of low position, i dont think they would.
@maryihla (103)
• United States
13 Sep 09
It depends on what the position entails and the definition of "physically fit." That is often a phrase used to discriminate against those with disabilities. However, the employer can demand that applicants be physically able to perform the job. For instance, if you are required to lift heavy boxes, you'd have to possess the strength and ability to do so.
However, being overweight is not considered a disability. You might have recourse if you're morbidly obese (100 or more pounds overweight), which could be designated as a disability.
If you suspect a company is engaging in discriminatory hiring practices, contact the U.S. Equal Employment Opportunity Commission. For information on locating your local office, call (800) 669-4000.
@LilyoftheThorns (12918)
• United States
2 Oct 09
Well, in some careers it is important that employees be physically fit (police officers, firemen)...they're tough jobs and employers just want to make sure the people they hire will be safe while working the job. So in situations like that it is acceptable.
But if someone was applying for a job, say at a department store or restraunt and they were not hired because, lets say they were too big...then that is wrong, that's unacceptable.
@maryihla (103)
• United States
13 Sep 09
It depends on what the position entails and the definition of "physically fit." That is often a phrase used to discriminate against those with disabilities. However, the employer can demand that applicants be physically able to perform the job. For instance, if you are required to lift heavy boxes, you'd have to possess the strength and ability to do so.
However, being overweight is not considered a disability. You might have recourse if you're morbidly obese (100 or more pounds overweight), which could be designated as a disability.
If you suspect a company is engaging in discriminatory hiring practices, contact the U.S. Equal Employment Opportunity Commission. For information on locating your local office, call (800) 669-4000.
@maryihla (103)
• United States
13 Sep 09
It depends on what the position entails and the definition of "physically fit." That is often a phrase used to discriminate against those with disabilities. However, the employer can demand that applicants be physically able to perform the job. For instance, if you are required to lift heavy boxes, you'd have to possess the strength and ability to do so.
However, being overweight is not considered a disability. You might have recourse if you're morbidly obese (100 or more pounds overweight), which could be designated as a disability.
If you suspect a company is engaging in discriminatory hiring practices, contact the U.S. Equal Employment Opportunity Commission. For information on locating your local office, call (800) 669-4000.