Just last month, Mayor Eric Adams signed into law a ban on weight and height discrimination in New York City that will take effect on November 22, 2023. Just like other complaints of discrimination, all complaints about weight and height discrimination will be investigated by the New York City’s Commission on Human Rights (NYCCHR).
The law signed by Mayor Adams adds weight and height to the list of characteristics that are protected from discrimination in employment, housing, and access to public accommodations. The bill does permit employers to make employment decisions based on an applicant’s and employee’s height or weight under certain circumstances. Employers may do so when the decision based on the person’s height or weight is:
- Required by federal, state, or local law or regulation;
- Permitted by regulation adopted by the NYCCHR identifying particular jobs or categories of jobs for which the individual’s height or weight could prevent the person from performing the essential requirements of the job and the NYCCHR finds that no other reasonable alternative is available to allow a person to perform the essential requirements of the job; or
- Permitted by regulation adopted by the NYCCHR where it identifies particular categories of jobs for which the use of height or weight criteria is reasonably necessary for the normal operations of the business.
This bill is one of many in the growing movement of weight protection in the workplace, and other states are beginning to follow New York’s guidance. For example, New Jersey and Massachusetts are considering implementing similar measures. State lawmakers in New York are also considering a state weight discrimination law.