When a work uniform doesn’t fit: who should adapt?

Can your employer ask you to lose weight to fit into a work uniform? That was the central question in a Brazilian court case brought by a Burger King employee. In this article, I’ll explain what happened and how the judge ruled.

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When a work uniform doesn’t fit

In September 2022, a woman joined Burger King in Brazil. She was first promoted to trainer, then to operational supervisor. Three months later, she became a shift coordinator, a position that required a different work uniform.

Knowing she had a fuller figure, she provided her clothing measurements to her employer in advance. Despite this, the company gave her a pair of trousers that did not fit. She informed her employer by email, who then contacted the workwear supplier. While waiting for a solution, she wore maternity trousers.

When the supplier failed to provide a larger size, her manager advised her to lose weight instead. Wanting to wear the uniform, she paid a seamstress to alter the trousers by adding triangular fabric panels to the back. She covered the costs herself.

The altered trousers quickly became the subject of jokes at work. Both her manager and colleagues made comments about them. Eventually, she resigned and took Burger King to court.

Should you adapt when a work uniform doesn’t fit?

During the court case, Burger King argued that delays in the delivery of the workwear had caused the problem. The judge disagreed.

The court ruled that employers have a duty to provide workwear in the correct size. Because Burger King failed to do so, the company had to pay compensation. The judge also described the manager’s advice to lose weight as completely backwards. Employees should not have to adapt to a uniform. Instead, employers should adapt the uniform to the employee.

The judge also criticised the manager’s behaviour. By joking about the altered trousers, both the manager and colleagues humiliated the employee. Burger King was ultimately ordered to pay 20,000 Brazilian reais (approximately €3,300) in damages.

The ruling barely mentioned the employee’s weight. Instead, the judge focused on the employer’s responsibility to provide properly fitting workwear and to treat employees with dignity. In the end, the case was not about being overweight, but about good employment practices.

Employers asking staff to lose weight is not uncommon

This is not the first time an employee has been told to lose weight.

In 2020, a Malaysia Airlines flight attendant was dismissed for being around half a kilogram overweight. According to the airline’s policy, the woman, who weighed 60.3 kilograms and was 157.5 centimetres tall, exceeded the maximum permitted weight of 59.9 kilograms. The airline said it wanted only “healthy” employees and therefore used BMI as the standard for determining fitness.

Malaysia Airlines gave her eighteen months to lose weight and offered support, but she refused to attend the scheduled weigh-ins. She argued that her weight did not affect her ability to perform her job and saw no reason to lose weight. Nevertheless, after 25 years with the airline, she was dismissed.

She challenged the decision in court, but the judge ruled in favour of the airline. According to the court, employers may impose certain requirements, provided the rules apply equally to everyone.

Legally, losing weight for a uniform is a complicated issue

The aviation industry has seen similar cases before. Airlines often point to the narrow aisles inside aircraft, arguing that cabin crew must be able to move through them safely. Yet instead of measuring whether someone actually fits through the aisle, many airlines use weight or clothing size as a benchmark. The problem is that weight is distributed differently from person to person, especially among women. Someone can also gain weight through increased muscle mass without becoming noticeably wider.

Although discussions often focus on weight, the work uniform itself frequently lies at the heart of the issue. I know several organisations where the available size range is simply too limited. Whether the discussion centres on weight or clothing size, employees often receive the same message: they do not fit the standard.

That is exactly why losing weight for a work uniform is such a complex legal issue. Employers may impose physical requirements when these are directly related to the job. For example, if someone cannot physically fit into a bus driver’s seat, an employer may legitimately reject the applicant. Bus seats come in standard sizes. Workwear is different. Clothing can usually be altered or made to measure.

Workwear suppliers can provide custom-sized clothing

Some employers may see this as an inconvenience, but most workwear suppliers regularly alter garments or produce custom-made clothing. After all, not everyone fits standard sizes.

If your supplier cannot accommodate different body shapes, it may be time to find another one. Workwear should be available to everyone, not just to people who happen to fit a standard that someone established years ago.

Interested in workplace appearance, discrimination and workwear? Read these articles as well:

• How much does your height influence your salary?
• 50% of women with a fuller figure earn less than their peers
• Can you refuse to wear a work uniform?

Best,

Aileen