In the US, you cannot discriminate in hiring based on race, religion, sex, age (though IIRC you can discriminate against, if under 40), religion, disability, pregnancy, genetic info, or citizenship. https://www.eeoc.gov/laws/types/ Unless one of those is intrinsically necessary for the job function (e.g. actor, manual labor, military).

It's one thing to restrict sugar at the office, it's another if they actual hire for office jobs based on age, disability, or genetic testing.

Obesity, FYI, has not been classified as a disability. http://time.com/4883176/weight-discrimination-workplace-laws... https://www.lexology.com/library/detail.aspx?g=a2bcd2c9-9e60... In most of the US, "Must have BMI 18-24" is a legally permissable (albeit unwise) employment retirement.

Also "employer" in this context requires 15+ employees.