Tanick says that unless there’s a medical basis for obesity resulting in discrimination, it’s hard to argue for it under the U.S.’s current employment laws. Plus, most employees who face weight discrimination are reluctant to speak up: Tanick says that there have been very few cases litigated on this kind of discrimination. Two in recent memory involved service staff: In Michigan, two waiters at Hooters sued the restaurant for telling them to lose weight (the case was settled out of court). In 2013, 22 waitresses brought a weight discrimination case against Atlantic City’s Borgata Hotel Casino & Spa. That case was dismissed by the presiding judge.
Source : https://www.huffingtonpost.com/entry/weight-discrimination-in-the-workplace-the-troubling_us_5a13430de4b05ec0ae844494