Yes—for now. Massachusetts still allows employers to fire, refuse to hire, or pay someone less based solely on their weight, despite growing awareness of bias. Federal laws like Title VII and the ADA don’t clearly protect against size discrimination, and state efforts to pass legislation have repeatedly stalled.
This type of workplace discrimination could soon change. Earlier this year, Massachusetts lawmakers reintroduced a bill that would ban weight-based discrimination at work, following the lead of places like Michigan, Washington State, and New York City, which already offer legal protection based on body size.
Why This Matters
More than 40 percent of Americans report being mistreated because of their weight. Studies show that heavier employees often struggle with lower pay, fewer promotions, and hiring bias. These penalties hit women of color especially hard, perpetuating existing race and gender gaps in the workplace.
Recent cases like Harris v. City of New York show how explicit laws can make a real difference. Angela Harris sued after being told to lose 95 pounds for a probation officer job, even after passing her exam. The court permitted her claim under NYC’s Human Rights Law, rejecting weight-based rules unrelated to job performance.
What Employers Should Know
Employers offering coverage for GLP-1 drugs like Ozempic may think the weight bias issue is fading. However, new policies—like requiring dieting or program enrollment—may only reinforce harmful assumptions about weight and health. The ADA provides limited protection, and wellness programs tied to BMI targets can risk legal and ethical concerns.
The Bottom Line
Without clear laws, weight discrimination remains legal in most places, including Massachusetts. Passing statewide protections would ensure fair treatment for all employees, regardless of body size. More information on weight discrimination in the workplace can be found here.
At Pregent Law, we help clients navigate evolving workplace discrimination laws. Contact us with questions about employee rights, wellness policies, or legal compliance.
