Individuals who are overweight tend to receive fewer job offers than others, even in cases where their appearance or size has no possible bearing on their work performance. Some employers continue to choose not to hire overweight individuals. What protection do job applicants have under human rights laws?
A) Overweight job applicants have no protection under human rights laws.
B) Protection based on physical disability, if the condition is medically diagnosed as a disability.
C) Protection based on compassionate grounds, given that the condition was medically induced.
D) Protection is not available given that a bona fide occupational requirement can be established, thereby, allowing for discrimination.

Question

Quizplus · Accepted Answer

Overweight individuals may be protected under human rights laws if their condition is considered a physical disability, as defined by law. This protection would only apply if the condition is formally diagnosed as a disability, and if it affects the individual's ability to perform the essential duties of the job. Protection may also be available on grounds of perceived disability, as discrimination based on a perception of disability is also prohibited under human rights laws. However, protection would not be available if a bona fide occupational requirement can be established, meaning that the requirement for a certain physical standard is essential for the job and cannot be accommodated without undue hardship on the employer.

Individuals Who Are Overweight Tend to Receive Fewer Job Offers