Employer Persecution of the Plus-Sized: How Michigan Law Protects Against Weight Discrimination in the Workplace

We are sure that everyone is at least partly familiar with the fact that employers are not allowed to discriminate against their employees based on certain factors like age, sex, or race. But what about if you are overweight? Yep, you got it. Both height and weight...

Employer Persecution of the Plus-Sized: How Michigan Law Protects Against Weight Discrimination in the Workplace

We are sure that everyone is at least partly familiar with the fact that employers are not allowed to discriminate against their employees based on certain factors like age, sex, or race. But what about if you are overweight? Yep, you got it. Both height and weight are covered underneath the Elliott-Larsen Civil Rights Act, MCL 37.2202 which clearly states that no employer can refuse to hire, let go, fire, etc. any employee, “with respect to employment, compensation, or a term, condition, or privilege of employment, because of religion, race, color, national origin, age, sex, height, weight, or marital status. ”Now, you might be asking –– do people really get fired if they gain a little weight or if they are overweight? In actuality, yes, there have been many cases of employees (more specifically women) who have been fired or were denied employment simply because they were plus-sized. This is why back in 1976, the weight category was added to the act to safeguard employees against this form of discrimination.For example, back in 2010, there was a case where a Hooters waitress was told that she either had to lose weight or face termination by her boss (even though she was a healthy weight for her height). As a result, she made a claim under the ELCRA.

The Ambiguity of Weight Discrimination Cases

However, most employment discrimination cases (including those involving weight) are not always so black and white. Some courts might be unlikely to conflict with an employer’s decision or they might decide that a employer’s decision is legal. Why? Either they don’t want to interfere with any regulations or policies already put in place when it pertains to appearance or grooming OR they feel that the employer had a valid reason (like that the employee’s physical fitness level is a job requirement.) Like with Harris v. Hutcheson. A dental hygienist was terminated from the dental practice she worked at. She filed a lawsuit claiming that the owner of the practice discriminated against her weight by constantly making remarks about her diet, her “waddling down the hall”, and her gym habits. Come to find out, she was fired because of disagreements regarding patient care between her and another dentist (Dr. Dyras.) It was argued that the remarks about weight were a motivating factor, however, she had been employed at the practice for 22 years and (honestly) no reasonable employer would suddenly fire because of weight issues.

Hiring The Best For Your Discrimination Lawsuit

Michigan discrimination cases are never easy and it can be difficult to know whether or not you have a strong case to bring to the table. At Marko Law, we are not intimidated by the courts or sketchy employers –– we will make sure to be thorough and provide you with best possible result for your case. You need an employment discrimination attorney is not only client-focused and is driven by results. Forget the billboard lawyers and give us a call instead for your free consultation.

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Good evening, gentlemen! Just wanted to pop in and give a big shoutout to the Marko Law squad. Gasper was an absolute assassin in the best possible way — and trust me, that’s a high compliment coming from me. In a world full of soft millennials, this guy is built different. John Eads & Gasper tag-teamed those negotiations like champs, especially with a mediator and attorney who were… let’s just say “extra spicy” with a side of confusion. Either way, I wanted to send some love and let you know I’ll be sending clients your way for the foreseeable future.

Erick Monzo
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Alex Kay is absolutely a hell of a lawyer! He is compassionate and very thorough at his job! This process was a absolute breeze 🙌

Jessica Kelly
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I’ve been working with attorney Michael Jones for the past two years and I can honestly say I couldn’t have asked for a more dedicated or determined attorney. He has never given up on my case and continues to fight hard to make sure justice is served. He truly cares about his clients and it shows in everything he does. I’m so grateful for his commitment, integrity, and perseverance. I highly recommend him to anyone who needs a lawyer who will stand by you every step of the way.

Tamara Murphy
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Michael Jones and his team have been nothing but kind courteous and very knowledgeable on any question that I have had this far. They always answer my questions and walk me through this process. I would recommend Marko law and Michael and his assistant Dae to anyone who needs a outstanding law firm

Aaron Thomas
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From intake through the entire process to date, Michael Jones and his team have been doing an excellent job representing me, and are a credit to their law firm, Jon Marco Law! The interactions and timely responses to my questions and requests have given me true faith in their ability to represent me during my case. I truly feel I could not be better represented anywhere else. Thank you Jon Marko law and Thank you Michael and Dae for all you are doing. 03/2026

Ken
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Marko’s law firm truly has a great team ! Kyla in medical records is very comforting and pays great attention to detail!

Danielle Burkes
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I just wanted to offer some positive feedback regarding the receptionist who answers the phone. In my interactions with Melody, I found her to be very polite, cheerful and empathetic. She went above and beyond to assist me in navigating your corporate structure to ensure that I could talk directly to the person who could best help me. Due to her assistance, my issue was successfully resolved.

Geri Wilson
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In my opinion, if injured in an auto accident, this is "The Best Ever Law Firm!" Marko Law is excellent! My case was handled very well! I appreciate the time Alex Kay spent with me to ensure I received the maximum payout for my case! His assistant/Paralegal Tracey was also great in handling everything Alex needed to close my case etc. Alex Kay is an awesome attorney and family man! I recommend Alex Kay and Marko Law to everyone who needs a tried and trusted Law Firm! They are the real deal if you need a maximum payout from your case! Special thanks to Jon Marko, Alex Kay, and Tracey! Kudos to everyone on the Marko Law Team!

Ron Merritt II MBA, Environmental Commissioner for Van Buren Twp.
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Working with Marko Law Firm has been a superb experience! Alex Kay has done a phenomenal job handling my case thus far, and his expertise has made a stressful situation feel much less daunting. I've never dealt with a lawsuit before and he's been nothing but attentive and informative throughout the process. I'm thankful for the opportunity to work with him and hopefully things will continue to go smoothly with my suit.

Tiffany
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★★★★★

Ariel Kellersohn is the best in business. If you want a lawyer who dedicates herself to your case, you have found the right place. Ariel goes above and beyond all expectations I had. Not only does she uphold herself to the highest standards of professionalism, she is also very personable and easy to talk to and makes you feel confident in your legal team. 10/10 if I could leave more than 5 stars I would!

Trinity Delaney
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Having Marko law handle my case was the best decision I made. Alex Kay was excellent he understood what I have been through and fought for me every step of the way. Alex dedication, hard work, and experience guided my case to a successful settlement. I can’t thank Marko Law enough for what they done for me. I would recommend them for any legal support you need.

Joe Hinkle
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Reno Arabo. What a fantastic experience I had working with the firm. You were extremely helpful. You made me feel like you cared about me and not about making money. The communication was amazing was amazing. You kept me informed and updated on all aspects of my case. You asked me questions and listened to what I thought instead of telling me what to do. I would 100% recommend you and your fund. 06/2026

M. Solomon
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★★★★★

They fight for the little guy. The process is generally hard, very hard, and mentally exhausting, but Marko and his phenomenal attorney Cait bring a lot of ease in that process. And WIN! Cait is straight up, honest of the risks and potential outcomes and such and fighter.

Hothman Misane
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Great hard working firm that fights hard for their clients. Jon and his team are knowledgeable, dedicated and great people all around. Their results speak for themselves! Hire Marko!

Mike Hathaway
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Thank you Jonathan Marko! You took my case and never let me down from day one! I recommend Marko Law; you will not regret it! Jonathan Marko is the most amazing Lawyer ever! The law firm is honest, fair, consistent, hard working and very nice! Thank you again! 1/18/2022

Monique T.
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I've know Jon Marko for years and he is simply the best. He has helped friends and family through tough times and I would trust him with any legal issue, considering that everyone I know that has hired him has had extremely favorable outcomes.

Olivia H.
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The Ernst and Marko Law firm has an amazing group of attorneys and staff that will make sure they give each and every client the personalized legal advice they need! They will fight for their clients to make justice is served! I highly recommend this firm! 4/02/2017

Ruvayn R.
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Marko Law is a breath of fresh air. They're responsive, they care and they get the job done. They have great communication which means you never feel out of the loop. Most of all they work hard until they get the outcome necessary. Love Marko and his team! 1/19/2022

Lauren G.
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Attorney Jon Marko is one of the finest attorneys I have ever had the opportunity to work with. His experience and calm courtroom demeanor leaves him unmatched, and makes him a truly aggressive advocate for his clients. 5/12/2016

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The world needs more protectors like Jon Marko from police brutality. He was kind, generous, and reassuring when I spoke to him. Thank you for being a defender of the every man because it's the right thing to do.

Dawn R.
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He was my attorney and couldn't of asked for a more aggressive and down to earth eager ATTORNEY! If you want a lawyer that will WIN then Jon Marko is the Man to call! I highly recommend him and we spoke whenever needed! Thank you again MARKO u were awesome:) 5/27/2020

Holly L.
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I've been working here for three years and I can honestly say Jon Marko is a very passionate attorney with whom I'd trust a case with. He is honest, hard working and one of the smartest men I know. Wish I could give more than five stars! 8/12/2020

Marissa W.
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★★★★★

Ernst and Marko is a firm that fights for the people. I have known Jon Marko for ten years and worked with him in civil litigation and an excessive force case. He is an aggressive and tireless advocate who fights for his clients to get them justice. 5/12/2016

Joe S.
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★★★★★

John Marko handled my son's case wonderfully. He worked for us for 6 years to get my son the best settlement outcome. I highly recommend Marko Law.

Camilla Barnes
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Jon Marko represented me in a lawsuit. He is extremely smart, hardworking, and dedicated to his clients. I'm an attorney myself so I understand what is required of an exceptional attorney. You will not be disappointed if you hire him and his firm to represent you!

Andy R.
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Marko Law exemplifies professionalism and diligence even when taking on the most laborious cases. Their impressive performance is reassuring when handling such significant and critical issues. You truly feel protected and secure when handing Marko law your vulnerability. They will always fight to protect your rights. 5/12/2021

Allie S.

ماركو لو ستمنحك صوتاً مسموعاً

في ماركو لو، نحن لا نكتفي بتولي القضايا فحسب، بل نتخذ موقفاً حازماً. سواء كنت تواجه إصابة، أو ظلماً، أو إهمالاً صريحاً، فإن فريقنا يقاتل من أجلك وكأن الأمر شخصي — لأنك كذلك بالفعل.

  • أكثر من 2 مليار دولار تم استردادها لعملائنا
  • سجل حافل في قضايا الحقوق المدنية، والإصابات الشخصية، والعدالة في مكان العمل
  • استشارات مجانية وسرية — لن تدفع شيئاً ما لم نكسب القضية
  • مقرنا في ديترويت، ميشيغان؛ ونحظى بالثقة على مستوى البلاد


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