Legal Question in Discrimination Law in Florida

overweight

At a company orientation we were told not to ''get plump''. The chef at this restaurant told us that one of the reasons we were hired is because he wanted a certain look. Can he say that?


Asked on 1/05/09, 7:29 pm

2 Answers from Attorneys

Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

Re: overweight

It may depend on the type of restaurant (Hooters, for example, may be different than an upscale dinner restaurant.) However, Florida has laws that are somewhat favorable to employers. Generally, employees can be fired for any reason or no reason at all. The only exceptions are that employers cannot take adverse employment actions based on enumerated circumstances (race, gender, religion, etc.) Those criteria are "protected classes" and being overweight is not a protected class.

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Answered on 1/06/09, 8:54 am
Justin Schmidt Law Office of Justin B. Schmidt, P.A.

Re: overweight

Yes. Remember that Florida is an at will state and employers may fire employees at any time for any reason, provided they do not discriminate against a "protected class."

Overweight people are not a protected class in the State of Florida.

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Answered on 1/06/09, 9:44 am


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