Michigan Height and Weight Discrimination Laws: Unique Protections

Quick Answer: Michigan is one of only a few jurisdictions in the U.S. that explicitly prohibits height and weight discrimination under the Elliott-Larsen Civil Rights Act (ELCRA). This protection covers all employers with 1+ employees. File complaints with MDCR within 3 years. These protections are nearly unique to Michigan.

Michigan leads the nation in protecting against body size discrimination.

Michigan's Unique Protections

ELCRA Coverage

Explicitly prohibits discrimination based on:

• Height
• Weight

Applies to:

• All employers (1+ employees)
• All employment decisions
• 3-year filing deadline

Why This Matters

Unique in America:

• Only Michigan and few localities protect
• No federal protection
• Most states don't cover
• Significant protection

What's Prohibited

Hiring

Cannot:

• Refuse to hire based on height/weight
• Set arbitrary requirements
• Use appearance-based screening
• Without legitimate justification

Workplace Treatment

Cannot:

• Fire based on height/weight
• Deny promotions
• Pay differently
• Harass based on body size

Job Requirements

Height/weight requirements:

• Must be legitimately job-related
• Must be reasonable
• Must apply to all equally

When Requirements May Be Legal

Bona Fide Occupational Qualification

May be legitimate if:

• Essential to job performance
• Safety-related
• Uniformly applied
• Not pretextual

Examples of Legitimate Requirements

May be valid:

• Physical requirements for safety roles
• Height minimums for certain positions
• If genuinely job-related

Burden of Proof

Employer must show:

• Legitimate business necessity
• Cannot accomplish otherwise
• Applied consistently

What's NOT Allowed

Appearance-Based Decisions

Illegal:

• "We want a certain look"
• Customer preference for body types
• Aesthetic discrimination
• Arbitrary weight limits

Weight as Proxy for Health

Cannot:

• Assume health based on weight
• Require weight loss
• Discriminate based on obesity
• Without medical justification

Filing Complaints

MDCR (State)

Michigan Department of Civil Rights:

• Phone: 1-800-482-3604
• Deadline: 3 years
• Handles height/weight claims

No Federal Option

Important:

• No federal height/weight protection
• Must use Michigan state law
• MDCR is primary avenue

Proving Height/Weight Discrimination

Direct Evidence

Shows intent:

• Comments about height/weight
• Stated appearance requirements
• Written policies based on size

Circumstantial Evidence

Patterns suggesting bias:

• Size-based hiring patterns
• Different treatment by body type
• Pretextual reasons given

Common Scenarios

Scenario 1: Denied Hire for Weight

Situation: Qualified for position, not hired, later learned employer commented on weight.

Analysis: Direct evidence of weight discrimination. File MDCR complaint.

Scenario 2: Arbitrary Height Requirement

Situation: Job posting requires 6'0" height for office position.

Analysis: Likely not job-related. May be discriminatory unless legitimate reason.

Scenario 3: Weight Loss Ultimatum

Situation: Told to lose weight or face termination.

Analysis: Clear weight discrimination unless legitimate safety/job requirement. File complaint.

Scenario 4: Passed Over Due to Size

Situation: Consistently passed over for promotions, overhear comments about appearance.

Analysis: Document comments. Pattern suggests discrimination. File with MDCR.

Scenario 5: Customer-Facing Role

Situation: Moved from customer service for "not having the right look."

Analysis: Customer preference not justification. Discrimination based on appearance.

Intersection with Disability

When Weight Is a Disability

May also be protected:

• If weight constitutes disability
• Under PWDCRA
• Under federal ADA (severe obesity)

Accommodation

If disability:

• Reasonable accommodation required
• Additional protections apply

Remedies Available

MDCR Relief

May order:

• Reinstatement
• Back pay
• Policy changes
• Training requirements

Court Damages

May recover:

• Lost wages
• Compensatory damages
• Emotional distress
• Attorney's fees

Frequently Asked Questions

Is weight discrimination illegal everywhere?

No. Michigan is one of very few places with explicit protection. Most states don't cover it.

Can employers set any height/weight requirements?

Only if legitimately job-related, for safety, or essential to the position.

What about fitness requirements?

May be valid if genuinely job-related and applied consistently to all.

Does this cover obesity?

Yes. Weight discrimination includes all weights, including obesity.

How long do I have to file?

3 years with MDCR.

Related Topics

• Michigan Workplace Discrimination
• Elliott-Larsen Civil Rights Act Guide
• Filing MDCR Complaint
• Michigan Disability Discrimination

Take Action

If facing height/weight discrimination:

1. Document all comments and incidents
2. Note job requirements and their justification
3. Identify comparators treated differently
4. File MDCR complaint within 3 years
5. Consult employment attorney

Legal Disclaimer

This article provides general information about height and weight discrimination in Michigan and is not legal advice. For specific advice, consult a licensed Michigan employment attorney.

For official information:

• MDCR: https://www.michigan.gov/mdcr | 1-800-482-3604