Can companies fire employees for being overweight? Here's what the law says about it

Pablo's supporters flooded the comments with praise for her bravery and decried the body-shaming she endured.

"If they can’t see your value, that’s their problem. Talented people like you will always have a place in the industry. Who needs 'standards' like those lalo na coming from fellow women," one user commented.

Another expressed their dismay, "Nakakawalang gana lang din because anong connection ng body type sa pagiging reporter, 2020s na meron pa ring weight discrimination?"

Others have also shared similar experiences of getting treated unfairly because of their appearance.

"From the province, I am a PBA fan as well and it was really my greatest dream to be a sportscaster especially in PBA. But of course, I did not pursue my Mass Communication course because someone told I have no chance of landing a job in PBA if you are from the province and of course if not that good-looking or so magaling," one user shared.

Can you be fired from your job because of your physical appearance?

Pablo's case has raised questions about the legality of firing employees based on their weight or other physical characteristics.

According to human rights lawyer John Angel Bautista, getting laid off on account of weight or appearance generally constitutes illegal dismissal. However, exceptions are made when the "weight or appearance is a bona fide occupational qualification in a certain industry."

He then cited a 2008 case where the Supreme Court ruled in favor of an airline for dismissing a flight attendant who failed to meet their weight requirement.

"It is required for flight stewards to be agile to ensure the safety of their passengers, hence, weight is an important consideration," Bautista told PhilSTAR L!fe.

Fellow human rights lawyer Jeanne Dumaual also cited that same case as she explained how the Labor Code, which generally covers employer-employee regulation, does not have a specific qualification relating to weight or appearance.

"Employers have a 'management prerogative' or the freedom to regulate all aspects of employment according to their discretion and best judgment. Provided that, in making employment policies, employers should ensure that it is reasonably necessary to accomplish legitimate work-related purposes," Dumaual said.

In turn, employers should ensure that company regulations should be known to the employee while also complying with the equal protection clause.

"Discriminatory policies such as terminating a female employee once she is married, or giving much higher wages and benefits to foreign teachers and foreign hires as compared to Filipinos were stricken down because it does not relate to legitimate work-related purposes," Dumaual said.

"So if the weight or appearance is necessary for the work and was made known to the employee before his or her hire, these policies are allowable," she continued.

In Pablo's case, however, both lawyers stressed that weight should not be considered a qualification when one is simply delivering the news.

"Unlike an airline crew, a sports reporter is not required to be nimble to perform their task. As long as the reporter can perform the task, their physical makeup should not be the cause of their dismissal. Otherwise, that is discrimination under international labor standards," Bautista underscored.

However, he cautioned that her viral post was not sufficient to show that the dismissal was indeed discriminatory.

"To get a complete picture of the case, her employment contract must be reviewed, as well as reports about her performance and the official statement of her employer as to the cause of her dismissal," he said.

Dumaual meanwhile highlighted that Pablo's dismissal should be questioned if it was indeed opposed to the standards.

"Outside the law and on a personal note, I don’t think weight should matter in delivering news. The quality of newscasting won’t deteriorate just because of a reporter’s appearance," she said.