Can You Turn Down a Job Applicant Because of Weight?

You are interviewing candidates for an open position. One candidate is qualified, but he is morbidly obese, and you are concerned that he will be unable to meet the job requirements as a result. Perhaps you are concerned that employee safety will be compromised, or logistical customer demands are not met on a timely basis. Can you reject him as a candidate because he is obese? 

In a recent case, Morriss v. BNSF Railroad Co., No. 14-3858, 2016 WL 1319407 (8h Cir. Apr. 5, 2016), a man applied to a railroad to be hired in what the railroad considered to be a safety sensitive position. The railroad gave him a conditional offer of employment, subject to a medical review. After the review, the medical report stated the applicant was not qualified due to his obesity. The railroad then revoked its conditional offer.

The would-be railman sues, alleging the railroad’s failure to hire him violated the Americans with Disabilities Act, as amended. However, he did not prove that his obesity was a result of an underlying physiological disorder. The Nebraska Court held that the plaintiff had to prove that his weight was a result of an underlying physiological disorder to qualify as a physical impairment under the ADA’s protection. Extreme obesity alone was not enough. The Eighth Circuit Court of Appeals agreed. Although the Second and Sixth Circuits have taken the same approach, it is still unsettled among jurisdictions.

So what does this mean for you? As always, we recommend making all employment decisions based on the job qualifications of the candidate. If a medical review reveals that a potential employee is not qualified, you may hire someone else instead.

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