Is It Fair to Cancel a Job Offer Due to High BMI? Seeking Advice on Next Steps

Dear All,

Greetings for the day. I came across a situation involving my friend, and I need all your inputs on this.

Situation Overview

My friend was selected for a position as Assistant Manager - Purchases at a reputed industry. He was hired through a consultancy. He received an offer letter and was asked to confirm his joining date at the earliest. They also informed him that he needed to undergo a pre-employment medical examination.

So, he resigned from his current job and confirmed his joining date. During the medical test, the doctors commented on his weight. After that, he tried to reach the HR department, but she didn't respond to his calls. Two days later, she sent him an SMS stating, "The offer has been cancelled due to his high BMI and overweight - sorry - all the best."

Concerns and Questions

I was surprised to hear that high BMI and being overweight could be deemed unfit for employment, especially in private organizations. If they have such criteria, they could have judged this during the interview, as he appears quite heavy.

Regardless of the case, the HR should have had the minimum courtesy to call him and explain the reasons, making him comfortable. Based on this offer, he resigned from his current job and is in the handover process. This has spoiled his career.

Why can't they issue the offer letter after the medical tests if they have their own standards? From the consultancy, he learned that the HR was not interested in him from the initial stage, but due to the functional manager's decision, she issued the offer.

Seeking Advice

What actions can he take right now? What are your comments on this issue?

Thanks,
Satya

This is really weird to know. I do not see any conflict from your friend's side, and he followed as he was guided. The reasons and comments from the new employer and the consultant are really odd and unprofessional.

If the interview happened in a formal way and in-person, there's no point in raising the excuse of being overweight. It really won't matter, though. There are no such companies in India that have such criteria for recruitment unless they hire for a foreign assignment, and that too is subject to a code of medical conditions. Further, I am sure that the new employer mentioned the joining date in the appointment letter.

This is really a tricky situation and could lead to legal aspects. Before I say anything (I actually became speechless now), I would await responses from the other forum members.

Thanks, Anil, for your quick views. My friend has done everything as they guided. Right now, he is working in a top brand MNC.

The interview happened face-to-face, and three panel members conducted it (1 HR and 2 from Functional).

They haven't released any appointment letter; they sent an email offer letter and mentioned a tentative joining date. However, there is a clause that the offer is subject to conditions, including passing a medical examination.

But my query is, is a high BMI considered medically unfit for employment?

If they have such criteria, they could have decided during the interview itself by seeing him. Otherwise, they should send the offer after the medical examination.

I'm waiting to see responses from other members.

Thanks,
Satya

They haven't released any appointment letter; they sent an email offer letter and mentioned a tentative joining date. However, there is a clause that the offer is subject to conditions, including passing a medical examination.

Yes, every letter of intent or offer letter carries such conditions/terms. Unless the denial from the recruiter matches the clauses mentioned in that offer letter, there's no way of canceling an appointment for such a reason.

But my query is, is high BMI considered medically unfit for employment?

Overweight has never been a major issue in corporate history, even in foreign-tied domestic sectors. Further, I am not sure whether that new role has any obligations towards such cases. If the domestic company is rolling out such criteria, it might be industry-specific or business-specific. Otherwise, I don't see any point in bringing this issue into conflict.

If they had that, they could have decided during the interview itself by seeing him; otherwise, they should send the offer after the medical.

Now, this point highlights our own comfortability towards 'if's and 'but's. One thing you should understand here is that every company has certain guidelines to follow in terms of allocated budget as well. Coming to your point...

1) Seeing him in the interview... can you really judge the inner capability when you look at an overweight person? Should we generalize personalities by our assumptions without doing much analysis towards our requirement? This is where the company introduces a process (fitness test).

2) They should send the offer after the medical... this statement is quite complicated because this is where one should commit/compromise the budget issues. If they offer after medical tests, who will bear the candidate's expenses on medical tests in case of denial in employment? Well, this is where the company introduces 'clauses' (in their policy).

Hope this clarifies your question. Feel free to raise your points.

It is indeed a bad thing, and even I don't believe that it can happen just because of being overweight or heavy. That's ridiculous and not acceptable. How can they just cancel the offer because of his high BMI?

Although there is no specific rule, maybe it comes under the company policy that does not allow them to hire him with his high BMI. They have refused and canceled the offer, and the ignorance by the employer in this regard is also not acceptable. He must visit them and confront them, letting them answer your friend's questions.

I have never come across this kind of thing in my life and have never heard of any candidate being snubbed for this particular reason. It is really a very sad thing. A medical examination is required for some occupations, and some employers test before interviews, which is becoming common in corporate culture these days.

One thing I want to know from you: has he read the terms & conditions of employment before accepting the offer? Was he aware of any clause/criteria regarding his high BMI or the medical examination?

As for your friend, how could he resign from his current job before accepting the offer or signing any employment/joining letter, or even confirming the joining date? Wasn't he aware that the joining date can't be confirmed without signing any employment letter, even if he was going through the medical examination as part of the interview/recruitment process? How could he do this?

In your first message, you mentioned he resigned, but in your second message, you said he is working with a top MNC. Please clarify.

Based on the statement of the consultancy people you mentioned, it raises questions about the employers and the quality of their work. "HR is not interested in him from the initial stage, but due to the functional manager's decision, she issued the offer." This shows conflicts between management and departments and how HR personnel can issue an offer letter in that case.

High BMI/heavy weight cannot be considered. As I mentioned above, maybe there is a company policy that does not allow them to proceed with his employment and has refused him. Generally, this is not a problem anyway.

I agree with you, Anil and Susmitha, but there are not just some suspicious and strange things; there are many things wrong with the employer. As I have mentioned, there is a conflict which was the main villain, and they must not take action against him or cancel the offer letter while they were already aware of the physical condition of candidates or high BMI during the face-to-face interview.

Also, if they have any kind of rule and policy that they will never hire any candidate with a high BMI, they must not proceed further and should have rejected him at the initial stage…

Yes Anil, I read through your understanding, and you covered it very well, except on one point: resigning from the current job. I really cannot comment on this because there are many points and decisions linked to such situations. If I were in his place, I would have done the same thing... maybe, who knows?

Well, I am really eager to see a firm response from someone on this matter. Thank you for sharing your opinion.

Your friend can file a civil suit against the company for compensation since the offer sent to him has been accepted, forming a contract. The success of the case will depend on the details provided in the offer letter regarding medical checkups and acceptable standards.

The situation was truly disappointing. For justice, your friend may seek recourse in a court of law.

Dear Anil, thanks for your clarification. There were no terms regarding medical fitness, meaning on what criteria they would be deciding medically fit, especially in this high BMI case. Yours is a very good point; they can even put terms in the offer letter about their employment medical fitness norms so that we can have a better understanding before making any decision.

Well, in your first message, you said that he has resigned, but in your second message, you said he is working with a TOP MNC? Please clarify.

This means his current employer... he is serving his notice period. Now he has sent a request to his current employer to take back his resignation, and we have to wait for the result.

Thanks,
Satya

OK! Thanks for this. Well, yes, he took the right step and needs to speak to his direct boss/supervisor too in this regard but must not disclose this story because it can have a negative impact on him. Also, he has to give a strong reason to his boss for this change in his decision that he wants to stay longer with them. I wish him the very best of luck.