Place like fitness centers, Hooter's etc. have lost lawsuits based on not hiring due to obesity/looks. Why not one more against a hospital with deep pockets.
Who do you include or exclude from the applicant pool?
Paraplegic physician who is overweight?? Physician who needs chronic steroids?? Physician taking antidepressants which has a side effect of weight gain? Someone with an eating disorder. What about the female physician that just had a baby and is job hunting. There is a whole list of medical reasons why someone is obese and a physician saying "just lose weight" indicates that you really need to grow up and learn to become a better, understanding physician.
Oh, BTW, I am a military physician who has to maintain weight/exercise standards, and I see soldiers/marines who currently overweight due to PTSD meds, injuries, etc. I'd hate to see they heroes discriminated against, due to these factors. I've also seen weight standards induce eating disorders in younger people trying to "make weight."
What about the solo practitioner who works 12 hours/day and tries to maintain a balanced family life, thus losing out on gym time. Ask any single parent physician about this. I work about 50 hours/week, and find it taxing to get into the gym 4 times/week,and couldn't if I didn't have a very supportive spouse.
I think it is a slippery slope to go down and you can "justify" most any reason to not hiring someone (handicapped, citizenship, race or gender), including that they are a DO and not an MD!! Why should a university hire a DO, when they have an MD medical school and affiliated hospital? A DO doesn't represent what they teach or they would have a MD/DO option.