1. Citizens Medical Centre, a hospital in Victoria, Texas, instituted a new hiring policy that bans job applicants from employment for being overweight. The policy states that the hospital will not hire anyone with a body mass index (BMI) of 35 or higher. This is the equivalent of someone who is 5 feet 5 inches tall and weighs 210 pounds or someone who is 5 feet 10 inches tall and weighs 245 pounds.

According to the policy, an employee's physique "should fit with a representational image or specific mental projection of the job of a health-care professional." David Brown, the hospital's former CEO, stated, "The majority of our patients are over 65 and they have expectations that cannot be ignored in terms of personal appearance . . . We have the ability as an employer to characterize our process and to have a policy that says what's best for our business and our patients." Brown noted that excessive weight may have "all kinds of encumbrances" for the hospital and its health plan, and it is possible for obese employees to be absent from work more often.

As part of the hiring process, job applicants are screened by a physician who assesses their fitness for work, which includes their body mass index. Existing workers who become obese during employment are not terminated; however, job applicants have been turned away as a result of the policy. The laws in Texas prohibit discrimination based on race, age, or religion but not on weight.

A few hospital board members have misgivings about the new hiring policy. While the majority insist that it is legally compliant and therefore ethical, the hospital board has asked you for input on this policy. In your discussion, address the "it is legal therefore ethical" argument, determine whether the policy is ethical, and what, if anything, should be done differently.