WASHINGTON, D.C. (Stars & Stripes) — A 21-year-old New York man who tried to enlist in the Air Force but was rejected because he had undergone weight-loss surgery filed a federal lawsuit claiming employment discrimination by Defense Secretary Pete Hegseth and other defense officials over his medical history.
Attorneys for Jacob Guthrie argue the Air Force’s recruitment policies violate the Fifth Amendment’s due process and equal protection clauses with their “blanket disqualification” of individuals who have undergone bariatric weight-loss procedures that reduce the size of a patient’s stomach.
The lawsuit filed July 9 in U.S. District Court for the District of Columbia states the Defense Department has maintained a “categorical bar” against potential recruits who have had the weight-loss surgeries but otherwise demonstrate physical readiness and “deployability.”
The Defense Department has 60 days to file a formal response to the complaint. A court hearing date has not been scheduled.
Guthrie fully recovered from weight-loss surgery in 2022, passed the Air Force’s initial aptitude tests, and has continued to maintain a healthy weight, according to the lawsuit.
Guthrie, who is 6 feet, 3 inches tall, weighed approximately 340 pounds prior to the weight-loss surgery, according to his attorneys. He weighs about 220 pounds today.
“All I want to do is join and serve honorably,” said Guthrie, a college graduate with a Bachelor of Science. “This has been a long, emotionally distressing experience. This has not only been a great disservice to [me] but to who knows how many other motivated and qualified applicants across the nation who were denied the opportunity to serve in the [AirForce] because of an out-of-date medical policy.”
Guthrie was turned down for military service in 2024 and received three subsequent denials after submitting waiver requests without ever undergoing a physical evaluation by the AirForce to determine fitness, according to the lawsuit.
The complaint asks for the court to invalidate the ban as unconstitutional and for the AirForce to reconsider Guthrie’s enlistment.
In addition to Hegseth, Air Force Secretary Troy Meink, and Air Force Lt. Gen. Brian Robinson, commander of air education and training command at Joint Base San Antonio-Randolph in Texas, are named as defendants in the case.
The military spends approximately $1.24 billion annually to battle obesity within its own ranks, according to the lawsuit.
