Interesting interpretation of Title IX.
Would you say an employer can require an employee to lose 50lbs, you know, to be healthier, and they don’t, can he fire them?
Yes, an employer is free to make those decisions — however I would argue that employer will not have very many employees and risk his or her business. You cannot be a jackass as an employer — and the employee has rights.
Its a tough discussion, I agree, but I fall on the side of freedom of two private parties to make an agreement.