Was it legal if my daughter was hired by a bakery but later fired due to her weight?

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Was it legal if my daughter was hired by a bakery but later fired due to her weight?

After 2 weeks she was told she needed to lose weight and my daughter felt uncomfortable and decided to quit. I called the bakery and the wife of the owner stated she did not want my daughter working there unless she lost weight because it would be bad for business. My daughter was a good worker and doing everything they asked. I think this is dicrimination.

Asked on September 27, 2015 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It may be discrimination as that word is generally used, but that does not make it illegal. Only certain forms of discrimination are actually illegal under the law, such as based on race, religion, age over 40, sex, or disability. However, being overweight is not protected from discrimination, so it is legal for her employer to terminate her on this basis.


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