This week a Michigan federal court refused to grant summary judgment to Weight Watcher’s in an EEOC pregnancy discrimination lawsuit based upon the company’s policy of requiring job applicants to be within its set goal weight.  The Court found that an issue of fact existed as to whether the policy was related to the job applicant’s ability to perform the job – of group leader or receptionist.

Surprisingly, the company admitted its refusal to interview the pregnant plaintiff;  it’s contention was that because the applicant was not at “her goal weight” she was, by definition, unable to perform the duties of the position.

The Court, however, disposed of that argument by noting that that the company’s policy was to not to terminate an employee who became pregnant:  “Consequently, when applied to a pregnant applicant whose over goal weight is wholly pregnancy related, a question of fact exists as to whether the applicant goal weight policy has a legitimate connection to the applicant’s ability to perform the job.”