Discrimination Against Overweight People

An applicant whose weight was explicitly mentioned during the hiring process suspected that this was the reason she was not hired. She took the matter to court and sought damages.

The defendant is a nonprofit organization. The organization’s purpose is to promote public health. After a job interview, the organization’s chairwoman sent the applicant an email asking what had caused her not to be of normal weight. And further: “In your current condition, you would of course not be a presentable example and would undermine our recommendations for nutrition and exercise.” A subsequent letter stated: “We felt … deceived that the application photo did not reveal the enormous excess weight you carry” and later “what could be the reason that a good-looking young woman with great skills and ideas, and at this age, has let her figure go so far off the rails.”

Excess weight not a protected characteristic

The lawsuit was dismissed. This is because the General Equal Treatment Act (AGG) prohibits discrimination on the grounds of race, ethnic origin, gender, religion or belief, disability, age, or sexual identity. The judges determined that the grounds for discrimination are exhaustive. None of the criteria applied, not even that of a disability. Although the plaintiff claimed during the trial that, in her view, the club had implied she was obese, which would indeed constitute a disability, the court found no evidence to support this.

Conclusion: To avoid lawsuits from rejected applicants, employers should, to be on the safe side, refrain from making any statements.