Weight Bias at Work: Are Maryland Employees Protected?

 Posted on October 11, 2025 in Discrimination & Retaliation

Most of us would assume that firing someone for being overweight would clearly violate anti-discrimination laws. In reality, the subject is not nearly so clear-cut. Federal laws do not specifically prohibit weight-based discrimination, but some Maryland counties have recently taken steps to protect workers from bias associated with appearance or body size.

Even though Maryland does not yet have a statewide "weight discrimination" statute, several local ordinances (Montgomery County, for one) have expanded protections for employees based on body size or appearance. If you are an employee who has been demoted, mocked, or terminated because of your weight, understanding the boundaries of the law is critical, and you may have more rights than you think. Consulting with a highly skilled Bethesda, MD employment law attorney ensures that your rights will be fully protected.

Signs of Potential Weight Discrimination in the Workplace

There are many different signs of potential discrimination in the workplace, including:

• A qualified candidate with a higher body weight could be unfairly rejected for a job.
• An existing employee with a higher body weight could be denied promotions or leadership roles despite being competent.
• An overweight employee could be paid less than colleagues with lower body weights for similar work.
• Overweight employees could face verbal comments, jokes, and other forms of harassment from coworkers and supervisors related to their eating habits or weight.
• An employee with a higher body weight could receive negative performance reviews that are unrelated to job performance.
• An overweight employee could be excluded from work-related events or assigned to roles involving customers less often than colleagues.
• Some overweight employees report being given office chairs that do not accommodate their size.

What Causes Weight Discrimination?

While there can be many causes of weight discrimination, most commonly, overweight people are stereotyped as being lazy, unmotivated, or less than competent. Employers and managers may be biased during hiring and promotions in favor of healthy-weight employees. Even when an overweight employee brings concerns regarding weight-based discrimination to an employer or supervisor, these concerns may be ignored or dismissed.

Is Weight Bias Covered Under Disability Laws?

Although being overweight, on its own, is not classified as a disability under the ADA or Maryland Fair Employment Practices Act, medical conditions related to being overweight may trigger protections. For example, if obesity is the result of endocrine or metabolic disorders, including diabetes, Cushing’s syndrome, or thyroid disease, then it could be considered a disability.

Morbid obesity may constitute a disability if it substantially limits major life activities. If any of these are the case, then the employer has a legal obligation to provide reasonable accommodation for qualifying medical conditions. So, weight or body size is not a protected class under Maryland state or federal law unless it is tied to another recognized medical condition.

This is in contrast to Michigan, which has a statewide law banning weight discrimination, and New York City’s 2023 body-size protections. Maryland’s Montgomery County Code Section 27-6 added personal appearance and physical characteristics as protected categories, covering weight-related bias in hiring, firing, and promotions. Howard County has similar "personal appearance" protections that may apply to body size.

While Baltimore City lacks explicit protection, "appearance" may be broadly interpreted under the local ordinance. This means that employees’ rights depend heavily on where they work or where their employer operates. If weight discrimination is suspected, the employee should:

• Document everything
• Check whether the city or county has local laws prohibiting weight bias
• File a complaint with the Maryland Commission on Civil Rights
• Consult with an employment attorney, especially if weight bias overlaps with disability or medical discrimination.
• Avoid resigning before getting legal guidance.

Contact a Montgomery County, MD Discrimination Lawyer

If you are facing weight discrimination in your workplace, you need to speak with a knowledgeable Bethesda, MD employment attorney from Freedman Law, LLC as quickly as possible. Attorney Freedman represents clients in federal and state courts and is rated as one of the best employment lawyers in Annapolis, MD. Call 410-290-6232 to schedule your initial attorney meeting.