Legal Question in Disability Law in Florida

Is it legal for a restaurant in the state of Florida to refuse to hire someone because he or she is obese?


Asked on 10/22/09, 1:43 pm

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

Yes, actually. It seems counter-intuitive, but the answer is yes. Hooters and Wing House only hire thin girls because it is part of their concept, which has been validated through a long string of law suits. Additionally, servers must be able to negotiate their bodies around tables and around each other, which they cannot do if they are too big. Similarly, airlines regulate the size of stewardesses and pilots because if they can't fit in the small aisles or seats, they cannot work there.

However, if you can do your job, and the restaurant will not hire you anyway, then it may be discrimination. But, you would also have to prove that your weight was the reason why you were not hired.

Read more
Answered on 10/24/09, 4:57 pm


Related Questions & Answers

More Disability Discrimination Law (ADA) questions and answers in Florida