Can I refuse to hire someone based on looks (i.e. hair, appearance, slovenliness, etc.) or weight?

Ann Kiernan replies:

Generally, employers are free to set dress codes and appearance standards, including requiring a "professional" look. And courts around the country have said companies can set different rules for men and women about hair length, jewelry, and clothing.

There are some limits, of course. Michigan has a statute barring discrimination based on height and weight, for instance. Obesity is considered a disability in several other states. The regulations implementing the Americans with Disabilities Act say employers can't refuse to hire qualified workers who have conditions that do not interfere with their ability to do their jobs, such as medical conditions that periodically cause some involuntary movements, skin pigmentation problems, harelips or other facial disfigurements. Fear of customer or co-worker reaction is simply not a legitimate business reason. (29 C.F.R. 1630.16)

A good rule of thumb is if the appearance is a result of personal choice, such as a tattoo, piercing, hair color, slovenliness, then you can choose not to hire that person. If it is something beyond their control like a birth defect, that should not be held against them. To be safe, assume obesity falls into the latter category.

All hiring managers should understand what they can ask during interviews and what questions can get them sued! Find out what you need to know in our training program Hiring the Best: Interviewing for Top Talent.