Can an employer discriminate against a job applicant on the basis of the applicant’s weight? Unfortunately, the answer is yes. Currently, laws do not recognize obesity as a disability, for which employers would not be allowed to discriminate against. And it happens. Employers often do discriminate against heavier applicants because of fears they will trigger higher insurance costs, long-term needs, and disability payments. So, for the time being, obese people do not have any special protections in the employment context.