Height and Weight Discrimination in the Workplace: Michigan ELCRA Protections Explained

How Height and Weight Discrimination Happens in Michigan

While federal law protects workers against discrimination based on race, gender, and age, it offers zero protection for body size. Michigan stands alone as a pioneer in civil rights. The Elliott-Larsen Civil Rights Act (ELCRA) makes it illegal for employers in Detroit, Lansing, Grand Rapids, or anywhere else in the state to judge applicants or employees based on their height or weight. Despite this strict law, subtle and overt body size discrimination still occurs frequently across various industries. If you have been targeted, you have the right to file a Form MDCR-Inquiry, Michigan, Department of Civil Rights, Request for Investigation with the Michigan Department of Civil Rights, Detroit.

Appearance Policies for Flight Attendants and Hospitality

The airline and hospitality industries are notorious for enforcing strict appearance standards. Historically, airlines implemented rigid weight maximums for flight attendants, claiming it was necessary for the brand's image. In Michigan, enforcing an arbitrary weight limit or telling a hotel concierge they must lose weight to keep their front-desk job is a direct violation of ELCRA. Employers cannot hide behind customer preference to justify discriminatory body size standards.

Uniform Sizing Discrimination in Healthcare

Another common form of weight discrimination occurs in hospitals and nursing facilities. Sometimes, an employer will refuse to order scrubs, protective gear, or uniforms in larger sizes. If a nursing applicant is told they cannot be hired because the clinic does not carry uniforms in their size, this creates a discriminatory barrier to employment. Failure to provide properly fitting equipment based on a person's weight is an actionable offense under Michigan law.

Unfair Physical Testing for First Responders

Police departments and fire stations require candidates to be physically fit. However, if a police academy or the Michigan Civil Service Commission, Lansing implements a physical test that relies solely on Body Mass Index (BMI) rather than actual functional fitness, they may violate ELCRA. For example, a blanket rule excluding any applicant under 5-foot-4 for a police officer role disproportionately affects women and certain minority groups. Physical tests must measure the ability to do the specific job (like dragging a dummy or running a specific distance), not merely judge a candidate's height or weight on a chart.

The Bona Fide Occupational Qualification (BFOQ) Defense

Employers have one legal defense against a height or weight discrimination claim: the Bona Fide Occupational Qualification (BFOQ). A BFOQ means the discrimination is absolutely necessary for the normal operation of the business. For example, an amusement park might legally refuse to hire a very tall person to perform inside a small mascot costume, or an airline might restrict the weight of a pilot in a small, weight-sensitive charter plane for safety reasons. However, establishing a BFOQ is extremely difficult. The employer must prove that no reasonable alternative exists, and courts heavily scrutinize these defenses.

Proving Your Case in Court

If the state agency cannot resolve your complaint, you can file a civil lawsuit in a court like the Ingham County Circuit Court, Lansing. To win, your attorney must gather evidence showing that your body size was the motivating factor behind the negative employment action. Precedents like Lamoria v. Health Care & Retirement Corp., 230 Mich. App. 801 (MI Court of Appeals 1998) demonstrate that Michigan courts take weight discrimination seriously, and employees can win substantial damages if they can prove their weight was used against them in performance reviews or hiring decisions.

Types of Weight & Height Discrimination

Frequently Asked Questions (FAQ)