Overweight/obesity


If I am rejected for a job because I’m overweight, does this breach the Act?

No, body size or obesity is not a protected ground of discrimination under the Act. From time-to-time there has been debate about whether it should be a prohibited ground of discrimination. It is possible that discrimination on the grounds of a person’s body size or obesity might constitute disability discrimination, particularly if it is a symptom of a medical condition. There is no case law in New
Zealand to provide any guidance on the issue at present.

see also » Indirect discrimination