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Size Descrimination- Is it Legal?

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missflo

Member
What is the name of your state (only U.S. law)? New Mexico

My daughter recently filled out an application for a job as a beverage server for a local casino (which was just recently taken over by a well known casino name in Vegas and throughout the world) She was called in for an interview and a very nice woman told her that she had a great personality but because of the takeover, all the new employees for this position had to be between size 0 through size 8. My daughter is 5'10" and probably a size 14 so it was obvious that she did not meet this criteria. The interviewer proceeded to tell her that there were many employees including herself that did not meet the size criteria but they were being allowed to stay on because they were there prior to the new management takeover. I guess I can see why size might be an issue if you are performing as a showgirl or a model but this job only involves pushing a cart around the casino and offering free drinks to the patrons. The message I get is that they are trying to portray a certain image (they probably have an age limit as well) but is this legal? There were no questions regarding height or weight on the application so I think this woman who interviewed her was being honest but probably was supposed to be. If a person is physically capable of performing this type of job, how can they legally be discriminated against in this manner?
 


pattytx

Senior Member
A casino is an entertainment venue, and they can certainly require a certain "image". Weight is a protected characteristic only in DC and an upper peninsula state (I think, Michigan).

Personally, I don't disagree with you, but the law allows the employer to grandfather in other employees with the same issue, but not hire new ones.
 

cbg

I'm a Northern Girl
Patty is correct that Michigan is the only state where height and weight are protected characteristics under the law (the District of Columbia protects personal appearance).

I also do not disagree with you but nothing in Federal or New Mexico law makes this illegal.
 

pattytx

Senior Member
Patty is correct that Michigan is the only state where height and weight are protected characteristics under the law (the District of Columbia protects personal appearance).
But I learned that from you. ;)
 

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