Asked in Employment Discrimination and Employment Law for Michigan

Q: Is it legal for a trucking company to refuse employment to a driver if they are over a certain weight?

The trucking company is out of Oklahoma. This person is physically able to perform all required job duties and have passed a DOT physical

2 Lawyer Answers
Rhiannon Herbert
Rhiannon Herbert
Answered
  • Employment Law Lawyer
  • Columbus, OH

A: This depends on the employer's reasoning for not hiring the individual. If, after passing all required tests, the employer still believes the employee isn't able to perform the job due to his or her weight, then the individual should reach out to a Michigan employment attorney to discuss a claim for perceived disability discrimination under the Americans with Disabilities Act.

Brent T. Geers agrees with this answer

Michael Zamzow
PREMIUM
Michael Zamzow
Answered
  • Employment Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: That's an interesting question, and possibly. Michigan does offer protection, via statute, from weight discrimination. An Oklahoma company, operating in Michigan, might fit under Michigan protections. It might not though.

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