is weight discrimination?

North Carolina-
My roommate works for Pizza Hut. She is constantly telling me that they are very short on help and need more applications. I put in one this summer but did not hear any response. Then yesterday I got a response for an interview today. I went to the interview and my roommate's boss told me that he does not hire roommates. He was not looking at my application nor did he even ask me a question about my previous work experience. In the past my roommate has told me that her boss makes comments to those who are above the 'normal weight' and cracks jokes at large people. Now, I have previous waitressing experience but I am overweight. Can a boss refuse to hire me because I am a certain weight and I am not the 'ideal' waitress? I feel like I have been discriminated against and the excuse he gave me is just a cover-up. Please give me some help! -A.E.

TOP 10 Signs You Weigh Too Much - -

NUMBER 10: McDonald's reported a 4th quarter increase of $188 million dollars.

NUMBER 9: Every escalator you step on immediately grinds to a halt.

NUMBER 8: World's fattest man sends you a telegram warning you to "back off!"

NUMBER 7: Your slow dance at the Prom is with Colonel Sanders.

NUMBER 6: You're sweatin' gravy.

NUMBER 5: Your blood type has changed from "creamy" to "chunky style."

NUMBER 4: Hundreds of volunteers have started to stack sandbags around you.

NUMBER 3: Doctor tells you your weight would be perfect for a woman 17 feet tall.

NUMBER 2: You are responsible for a slight but measurable shift in the earth's axis.

AND, the NUMBER ONE Sign You Weigh Too Much - -

Right this minute you're laughing up pie on the carpet.



IAAL

... I am laughing on the carpet. As for the pie...it was gone before it hit the floor!

funny ha ha

Those were really funny. But on a serious note, can a boss really refuse to hire someone because of weight?

so what are your damages? Unable to earn minimum wage at Pizza Hut???

Cmon, you can do better than Pizza Hut. Plus, the fact they told you they dont hire roommates is legitimate. You have no evidence that the manager was telling other people he wouldnt hire you because of your weight.

Here is a serious answer.

Yes, a boss can refuse to hire someone because of their weight in 49 out of 50 states. Weight is not a protected class anywhere except in Michigan.

My further response:

So, because you're so focused on working at Pizza Hut, I'm guessing you didn't spend the summer at fat camp?

IAAL