The A-Z Pre-Employment Guide for employers & employees

O. 

OVERWEIGHT | OBESITY

Q. Does being rejected for a job because you're overweight breach the Act?

A. No, body size or obesity is not protected grounds of discrimination under the Act.

It's possible that discrimination on the grounds of a person's body size or obesity might constitute disability discrimination particularly if their obesity is a symptom of a medical condition. Currently, there's no case law in New Zealand to provide any guidance on the issue.