This is a perfect example of the "slippery slope".
A long while ago, Police and Fire departments started requiring that Policemen and Firemen not smoke, and maintain healthy BMI ratios (so obesity was also incorporated). There was a lawsuit, raised by a fireman, claiming that forbidding him from smoking, when he was at home and not on the clock was an infringement of his rights and privacy.
He lost, because a) the department already had other physical requirements that were required to get and keep the job, and b) although the policy required that new hires have an acceptable BMI and be non-smokers, they also incorporated a lengthy "quit and get fit" program for current employees, so they had several years to be non-smokers and lose the weight. Additionally, the only ones it applied to were those "on the line" - clericals and administrative personnel were exempt. The fire department won because it could demonstrate a clear reason why the new rules were an essential part of the employees suitability for the job.
Unfortunately, that set a precedent, and since then, the factors involved in the original case are now assumed - i.e. that any employer can discriminate against smokers, even if they don't smoke at work and if physical fitness is not a critical part of their job. Obesity, not so much (because in many cases obesity is caused by other health problems, and in at least some cases is recognized as a protected disability).
A long while ago, Police and Fire departments started requiring that Policemen and Firemen not smoke, and maintain healthy BMI ratios (so obesity was also incorporated). There was a lawsuit, raised by a fireman, claiming that forbidding him from smoking, when he was at home and not on the clock was an infringement of his rights and privacy.
He lost, because a) the department already had other physical requirements that were required to get and keep the job, and b) although the policy required that new hires have an acceptable BMI and be non-smokers, they also incorporated a lengthy "quit and get fit" program for current employees, so they had several years to be non-smokers and lose the weight. Additionally, the only ones it applied to were those "on the line" - clericals and administrative personnel were exempt. The fire department won because it could demonstrate a clear reason why the new rules were an essential part of the employees suitability for the job.
Unfortunately, that set a precedent, and since then, the factors involved in the original case are now assumed - i.e. that any employer can discriminate against smokers, even if they don't smoke at work and if physical fitness is not a critical part of their job. Obesity, not so much (because in many cases obesity is caused by other health problems, and in at least some cases is recognized as a protected disability).
