Is it legal to not rehire someone strictly because of there size. More specifically there BMI?

Since November of 07. I have worked for Cunard. A cruiseline out of England. My last contract was from October of 08 to just this past July. Two weeks ago my agent told me that because I was american I had to get two brand new medicals. One stateside and one in England. The medical they require stateside has what is called a BMI ceiling or cap. Body Mass Index. The agent just decided to figure out what mine was before I even saw a doctor, freaked out because mine is four points over the limit. Emailed Cunard and they said that they couldn't allow me to come back to the Queen Victoria. Where I had just worked for nine months. The United States Armed Forces don't even use the BMI. It was invented in the late 1800's or the early 1900's. It didn't make sense then and certainly doesn't now. Not that I am complete muscle, but I could be and cunard specifically stated that they only cared about the number. I play trumpet on a cruise ship. I don't fight fires. I don't drive lifeboats. My safety requirements entailed me standing in a stairwell directing guests to the right muster station. What does my size have to do with any of that? I really got screwed on this one.

0 answers  |  asked Aug 7, 2009 5:31 PM [EST]  |  applies to Missouri

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