This is an incredibly unfortunate bias that exists more strongly among women than it does among men.  Studies have shown that women who are interviewing people for positions often are harder on a prospective female candidate because of weight issues than she is on a thinner woman.  Unfortunately, there is not much to be done about this problem because most of the studies have shown that these people do not even know they are biased against the heavier candidates.  It is surprising for many people to learn that the weight biases were not as strong among male interviewers as was initially though by the organization conducting the studies.

Protected categories of discrimination include broad generalizations like gender, meaning that everyone, everywhere, is protected from workplace discrimination.  Men can be discriminated against just like women can.  But there are other protected categories like sexual orientation, race, religion, disability, and pregnancy.  All of these categories are protected by anti-discrimination laws in the United States.  Of course, there are many different laws that cover each of these categories and the discrimination must first be proved in a court of law before justice can be served, but have no fear: you are protected.

For example, a company does not have to hire someone who is too young for the position, but they cannot overlook a qualified candidate because he or she is over forty.  Employers can discriminate against weight problems in potential or current employees provided the condition is not medical.  Also, long hair and facial hair are not protected under anti-discrimination laws as long as these things are not worn for religious reasons.  Essentially, if something is not explicitly listed under the protected categories, it does not have to be accepted by employers.

“Why?” is the key to any workplace discrimination case.  There are a multitude of reasons why a person might not be hired or be fired, but only a few are legally actionable.  If the employer wanted to hire his sister-in-law for the same position that you were applying for, he doesn’t have to hire you over his sister.  But if your employer finds out you are homosexual and the next day he fires you, you may very well have a good court case.

There are few things that make a workplace discrimination lawsuit airtight: personally overhearing derogatory comments about yourself from your employer, finding documents to prove the discrimination, or even direct derogatory comments.  All of these things are generally easier to prove than second or third hand gossip about how a boss doesn’t like you because of your race.  But the burden of proof is ultimately on your lawyers, so hire someone good, and be completely honest with them; this will help them build a solid legal argument supporting your discrimination case.