Picture this scenario: You’re just returning from your lunch break when your boss walks up to you and tells you to pack your belongings. You’re fired. You stammer for an explanation. Did you mishandle an important project? Were you accused of embezzling company funds?
No. It’s because you’re fat. (http://www.diversityinc.com/public/2958.cfm?sd=247)
Because weight and obesity is not a protected characteristic under Title 7 of the Civil Rights Act, a person who was fired as a result of being overweight would not likely have a defendable discrimination case.
Only in cases where you were extremely or morbidly obese would you have the opportunity to defend yourself under the protection regarding discrimination against disability, by filing a claim under the Americans with disabilities act. Even then it would be a very difficult case to win.
There is the idea that obesity, dress, and other physical characteristics are a remaining opportunity for discrimination and prejudice, and this is exemplified by the notion that workers can share fat jokes without a raised eyebrow, but certainly not jokes about blacks or women or older people, because it would quickly bring cases of discrimination. Because people are generally believed to make choices about their physical appearance, but are born with other characteristics (age, race, etc), physical appearance seems to elude the common rules of prejudice.
Employers who look at the data may discriminate against the obese because according to some studies, obese people are more likely to submit worker’s compensation claims, and so to protect the bottom line, employers may take this currently legal action of firing or refusing to hire the obese.
Most of my ideas and support came from the source of the case: http://www.diversityinc.com/public/2958.cfm?sd=247